Inspector-General of Police Hillary Mutyambai and Director of Criminal Investigations (DCI) George Kinoti has been banned from re-arresting Court of Appeal Judge Sankale ole Kantai over suspected ties to the death of Dutch businessman Tob Cohen by the High Court in Nairobi.
Following dramatic testimony by a top DCI officer that portrayed a suspect relationship between the judge and Sarah Wairimu Cohen, the deceased tycoon’s wife, Judge Sankale went to court seeking conservatory orders.
The officer, John Gachomo, alleged that Judge Sankale was involved in the planning and cover-up of Cohen’s murder.
“My client is caught up in a supremacy battle between DPP and the DCI; this, if allowed, is an affront to the rule of law,” submitted lawyer Peter Wanyama.
“The fundamental question is why is DCI oblivious of the power of the DPP? DCI is acting rogue in wanting to arrest the judge. The fact that he was arrested in a dramatic fashion has made the petitioner apprehensive, we seek conservatory orders from this court even on a temporary basis.”
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The DCI’s lawyer, Anne Mwangi, objected to the application, claiming that it did not fulfill the requirements for the orders requested.
Ms. Mwangi claims that the DCI’s office has shown no intention of arresting Judge Sankale, and that it does not undertake arbitrary arrests in the first place.
“The second respondent understands the role of the DPP is to prosecute and theirs is to investigate, at no point has the second respondent (DCI) shown intent to prosecute. DCI undertakes to act within the law and has not threatened arrest of petitioner.”
He also told IG Mutyambai and DCI Kinoti not to try to arrest the judge “until the DPP has given clear written permission.”
Judge Sankale was also given a deadline of November 23, 2021, to serve his submissions and any supplemental affidavits.
