BY SAM ALFAN.
A sister to murdered Dutch tycoon Tob Cohen has petitioned for the removal of Director of Public Prosecution Noordin Haji over bias among other accusations.
In a petition filed before the Public Service Commission, Gabriel Hannah Van Straten accuses DPP Haji of bias, partiality, disregard to the rule of law, obstruction in the administration of Justice, and delay in dispensation of justice.
She has also cited abuse of office, interference with the mandate of the office of Director of Criminal Investigation (DCI), non-compliance of chapter six of the constitution, incompetence, lack of qualification to hold office and lack of integrity.
“Public Service Commission be pleased to consider this humble petition and approve that the submissions articulated herein are to the satisfaction of existence of the grounds that warrant the Director of Public Prosecution; one Noordin Haji’s removal from office as the Director of Public Prosecution on grounds including but not limited to bias, incompetence, gross conduct or misbehavior and non- compliance or breach of chapter six of the Constitution of Kenya, 2010,” the petition reads.
Through lawyer Danstan Omari, Gabriel wants the DPP Haji investigated to ascertain his competence and requisite professional qualifications, and find out whether he is fit and proper to hold office as the Director of Public Prosecutions.
She wants PSC to forward the petition to the President and recommend the immediate suspension of Haji from office for bias, favouritism, incompetence, misbehavior and misconduct.
It is her argument that Haji refused or failed to take action or charge and prosecute Court of Appeal judge Justice Sankale Ole Kantai for the fraudulent transfer of shares belonging to Silas Ita on April 20, 1999.
She further claims the DPP has refused to prosecute the judge for his alleged involvement or participation in the grotesque murder and cover up of Cohen. Two persons have since been charged with Cohen’s murder- his wife Sarah Wairimu Kamotho and Peter Karanja.
Gabriel says during his vetting for the position of the DPP, Haji merely stated that he was in the office of the Attorney general of Kenya but failed to identify which department he worked under.
DPP Haji avers having 19 years’ experience as a lawyer but does not highlight his areas of practice or expertise and it is not shocking that four years later after he took office, he has never set foot in any known courts of law whether in the subordinate courts or the Superior Courts.
She adds that Haji lacks all requisite experience as provided for under Article 157 (3) Constitution of Kenya, 2010.
She argue that it is evidently apparent and well within the knowledge of the public courtesy of the media that during the vetting of Haji for the position as the DPP the answers given by the aforementioned appeared to be scripted and choreographed as a public stunt and were vague, failing to explicitly elaborate the qualifications as per the provisions of Article 157(3) of the Constitution.
Gabriel also states that the DCI has unearthed forensic evidence that directly links Justice Kantai who is said to have planned the gruesome murder and subsequent cover up of Cohen whose mutilated remains were discovered in an underground water tank and the matter has since been in the limelight of the public and attracted public interest.
“There are circumstances that point out evidence that the said Justice Sankale Kantai had extra-marital affairs with my sister-in-law; who is the main suspect in the murder of the late Tob Cohen,” she adds.
She adds, “Despite the Director of Criminal Investigations carrying out investigations, and adducing serious evidence linking Justice Sankale Ole Kantai to the gruesome murder of the Late Tob Cohen through affidavits dated the September 20, 2021 and another dated the October 12, 2021, the DPP is relentlessly trying to illegally and unconstitutionally terminate the investigations and also rubbish the evidence that has been put forth by the DCI with an intention of not charging the Judge named herein.
She further argue that it is prejudicial to her and not in the interest of justice that the Director of Public Prosecution has been causing undue delay of the trial through various acts which include but not limited to changing the Prosecutors who have been handling the matter before