The High Court has issued a major ruling barring the Judicial Service Commission (JSC) from proceeding with petitions seeking the removal of Court of Appeal Judge Sankale Ole Kantai. The court held that continuing with the process would infringe upon the judge’s constitutional right to a fair hearing. Delivering the judgment on Friday, September 19, Justice Chacha Mwita emphasized that proceeding with the petitions while related legal matters are still pending would effectively “sacrifice the right to fair hearing at the altar of expediency.”
The case revolves around Petition E334 of 2021, in which Justice Kantai challenges his arrest and claims his constitutional rights were violated. According to Justice Mwita, the disputed documents the JSC might rely on are directly relevant to this petition.
Considering the circumstances of Petition E334 of 2021, and even though the petition seeks declarations on violations of rights and fundamental freedoms, the contents of the disputed affidavit are relevant in the determination of that petition and may also be relevant to the matters before the respondent,
Justice Mwita As a result, the High Court issued a declaration that the JSC’s move to proceed with the petitions filed by Busia Senator Okiya Omtatah and Gabriel Hannah Van Straten (sister to the late Tob Cohen)
Court Issues Prohibition Order Against JSC
Justice Mwita further granted an order of prohibition, stopping the JSC from considering the petitions until the High Court fully determines Petition E334 of 2021.
An order of prohibition is hereby issued prohibiting the JSC from considering petitions lodged by Okiya Omtatah and Gabriel Hannah dated April 4 and October 4 and 5, 2021, respectively, for the removal of Justice Sankale Ole Kantai from office as a judge of the Court of Appeal until the determination of petition E334 of 2021
Justice MwitaThe court directed that each party shall bear its own legal costs in the matter.
Background to the Petitions
The petitions stem from allegations linking Justice Kantai to the 2019 murder of Dutch businessman Tob Cohen, whose body was discovered in a septic tank at his Nairobi residence.
In February 2020, Justice Kantai was arrested by the Directorate of Criminal Investigations (DCI) in connection to the killing. However, he was later released without charges after the Director of Public Prosecutions (DPP) cited a lack of sufficient evidence to pursue the case
Justice Kantai has consistently denied any wrongdoing and has maintained that his rights were violated in the entire process.
