Slain Cohen’s kin seeks inclusion in Appeal judge case

Thursday, September 30th, 2021 22:00 | By
Gabrielle Van Straten, Tob Cohen’s sister and her husband Roy Van Straten. Photo/File
Gabrielle Van Straten, Tob Cohen’s sister and her husband Roy Van Straten. Photo/File

Family of the murdered Dutch tycoon Tob Cohen has sensationally accused the Directorate of Public Prosecutions of protecting a Court of Appeal judge linked to the deceased’s murder.

The family, through Gabrielle Hannah Van Straten, sister of the late businessman, who was brutally murdered in cold blood in July 2019, has now filed a petition seeking to be enjoined in a case lodged by Justice Sankale ole Kantai challenging his prosecution.

Cohen’s family maintains that the DPP is out to cover up the judge’s role in the murder.

They further claim the DPP has taken several decisions that clearly indicate he is out to frustrate the case as well as protect the real suspects.

“It is unjust and unfair for the instant proceedings to continue in her absence or to exclude her from instant proceedings as the constant publication of information relating to the matter without the input of the victims of the alleged offence is condescending to the place of the victim in the justice process,” the court documents.

Appropriate directions

Gabrielle contends that unless the court entertains her application and gives appropriate directions, the victim’s voices will be unlawfully muzzled.

DCI boss George Kinoti terms Cohen’s death as a gruesome murder, which occurred in his house and that it was a crime well calculated.

“Cohen was murdered in his own residence. It is a gruesome murder. They took their time to kill the innocent man,” says DCI.

Application comes two days after the court granted Sankale orders barring the Inspector General of Police and DCI not to re-arrest him over the murder.

Through lawyer Danstan Omari, Gabrielle argues that no party will suffer any prejudice if she is enjoined in the case.

She claims that Justice Sankale, having been previously arrested by officers from the criminal investigation, was questioned and made a statement after careful analysis and a recommendation was made to the DPP to charge him. 

“That the DPP has thus far mishandled the prosecution of the murder of my late brother by either changing the prosecution counsel that were initially prosecuting the case consequently causing the delay in the conclusion of the matter before the criminal division,” she says.

Evade justice

She adds that the DPP is being presently seen as aiding the judge to evade justice by clearing him of any culpability in the murder.

“That it is increasingly becoming clear to the Kenyan public and the international community that the DPP has become a law unto himself as he continues to operate with open impunity by protecting persons that are perceived as influential or high in social status,” she states.

She adds that as a victim of the “ridiculous murder that threatens the diplomatic relations between the Republic of Kenya and Netherlands,” there is a feeling that some senior government officers are covering up the murder of Cohen.

“Justice can only be served in this case with the prosecution and conviction of Justice Sankale, who not only participated in the theft of my brother’s property by fraudulently transferring Silas Ira’s shares to himself and later on to Sarah Wairimu but also stole my brother’s wife and turned her into his mistress,” says Gabrielle.

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