Court of Appeal Judge Sankale ole Kantai allegedly “actively participated in the planning and cover-up of the murder of Dutch Tycoon Tob Cohen” according to police investigations.

According to John Gachomo, a senior assistant Inspector General of Police based at the Directorate of Criminal Investigations (DCI) headquarters, the judge convened several meetings with Sarah Wairimu, the late Dutch tycoon’s wife, at different places, location and dates to plan the murder.

Judge Sankale ole Kantai is also accused of having fraudulently transferred the late Silas Itas’ share to himself and later to Sarah Wairimu, without Cohen’s knowledge.  According to the investigating officer, the discovery of this fraud is the motive of the murder of Tob Cohen who was reportedly killed barely two days after the discovery of the fraud involving the judge and his wife.

“That investigation further revealed that Cohen never instructed the judge to act for him or his company, hence transfer of the said share was unknown to Cohen,” the DCI said in court documents.

Mistress

The DCI report further reveal that Sarah Wairimu was the mistress of Judge Sankale ole Kantai.

The DCI has further in papers submitted in court accused officers from the office of the Director of Public Prosecutions (DPP) of illegally and unconstitutionally attempting to terminate the investigation to protect the charge from being charged in Tob Cohen’s murder.

“The DPP can only terminate criminal proceedings instituted by his office and not criminal investigations being undertaken by DCI while exercising its constitutional mandate,” read court papers.

Through lawyer Philip Murgor, Wairimu has also been contesting Cohen’s Will, which denied her the opportunity to inherit his multi-million shilling estate.

Justice Sankale Arrested

Judge Sankale was arrested in February 2020 for associating with murder suspect Sarah Wairimu and was set to be charged as the third person in the killing of Dutch businessman Tob Cohen.

The Director of Criminal Investigation (DCI) George Kinoti then announced that they would be charging the judge with murder as they have enough evidence dating several months before Mr Cohen disappeared that can sustain a murder charge.

“We are definitely charging him with murder. We have established a prema facie case and we are sure it can stand in court,” said Mr Kinoti.

Since the promulgation of the new Constitution in 2010, no Judge has ever been charged with a crime of such magnitude as murder.

The late Tob Cohen body was found dumped in a septic tank in his home in September 2019, almost two months after his family reported him missing.

His Wife Sarah Wairimu was arrested as the primary suspect in the murder.