Court blocks JSC from acting on petition to remove Justice Sankale Ole Kantai
The dispute stems from a petition filed by activist Okiya Omtatah in April 2021, in which he sought Justice Kantai's removal over alleged links to the murder of Dutch businessman Tob Cohen.
The High Court has halted attempts by the Judicial Service Commission (JSC) to consider petitions seeking the removal of Court of Appeal Judge Sankale Ole Kantai from office.
Justice Chacha Mwita, in his ruling, held that allowing the JSC to proceed while related proceedings were still active in court would imperil the judge's constitutional right to a fair hearing.
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"The petition is allowed. The JSC's decision to entertain the petition by Okiya Omtatah dated October 4, 2021, seeking the judge's removal, amounts to a threat of violation of his right to a fair hearing," Justice Mwita stated.
The judge further observed that parties who had already filed their petitions would not suffer any prejudice, stressing that no disadvantage would arise if the JSC awaited the conclusion of the pending cases.
The dispute stems from a petition filed by activist Okiya Omtatah in April 2021, in which he sought Justice Kantai's removal over alleged links to the murder of Dutch businessman Tob Cohen.
The two are seeking to have the senior judge removed from office over the death of businessman Tob Cohen.
Kantai had earlier claimed that the petitions emanate from the DPP's decision not to prefer charges against him in relation to Cohen's death.
He argued that the petitions are strikingly similar to a reply filed by a DCI senior officer, John Gachomo, in a separate case he filed before the High Court seeking to block DCI from arresting or charging him.
"I am appreciably apprehensive that the petitions filed at the Judicial Service Commission are solely based on the replying affidavit of John Gachomo, sworn on September 20, 2021. They are a collateral attack over the decision of the DPP not to charge me as aforesaid," argued Justice Kantai.
With the ruling, the JSC is now restrained from taking any further steps in relation to the matter until the pending cases before the High Court are fully heard and determined.
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