BY SAM ALFAN.
The High Court has issued orders restraining the police from arresting and charging Court of Appeal Judge Sankale ole Kantai in connection to the death of murdered tycoon Tob Cohen.
Justice Anthony Mrima barred Inspector General of Police Hillary Mutyambai and Director of Criminal Investigations George Kinoti from re-arresting Justice Sankale without express orders of DPP.
The appellate court judge moved to court to barred from re-arresting or charging him over the death of the Dutch tycoon.
The judge sought the temporary order restraining Inspector General of Police and the DCI boss from making the threat, especially after the police filed an affidavit detailing his possible involvement in the tycoon’s death.
Judge Kantai through lawyer Peter Wanyama claims that DCI wants to arrest him on matters that the Director of Public Prosecution’s (DPP) Noordin Haji has already considered and closed the file.
He adds his apprehension is based of a replying affidavit by senior DCI officer John Gachomo which indicated he will be charged with the offence of forgery and fraudulently transfer of shares.
The DCI through Gachomo said he has enough evidence to charge the judge.
“The entire content of the said affidavit of John Gachomo is predicated on the matters DPP has fulsomely considered and rendered a decision on. In the scheme of things, the petitioner has legitimate expectation that he won’t be arrested and harrassed again by the DCI”, Judge Kantai says.
The judge argued that, by the DCI indicating he will arrested him on the matters he had been cleared,, DCI is acting rogue and setting a dangerous precedent in the administration of justice in country and he must be stopped by the court in the interim.
In what is seen as an attempt to defend the DPP, the judge accuses the DCI of not appreciating dynamics, content and context of the constitutional powers of the DPP inthe 2010 dispensation.
“From the hugely problematic averments in the replying affidavit of John Gachomo, it is patently clear that the DCI has gone rogue and his statement that he can arrest and charge suspects in court without involvement of the prosecution is singularly incorrect and disappointing “, says Judge Kantai.
He further adds that the DPP reviewed and found no evidence against him but the DCI appears to strongly motivated and believes he must be arrested and charged in matters the judge terms as speculative, uncorroborated, premised on the hearsay evidence, assumptions, suppositions and what ifs.
