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Noordin Haji

The Law Society of Kenya (LSK) has come to defend the Director of Public Prosecution (DPP) Noordin Haji’s decision not to charge Court of Appeal judge Sankale Ole Kantai over the murder of Dutch tycoon Tob Cohen.

The group has said only Haji has powers to charge or not, depending on the evidence produced during investigations.

LSK president Nelson Havi said the tussle between Haji and Director of Criminal Investigations (DCI) George Kinoti over the judge is unnecessary as the latter does not have powers to charge.

“A review of the documents filed in court in Petition E334 f 2021, Justice Sankale Ole Kantai versus Inspector General of Police and others is indicative of brazen, unconstitutional and unlawful attempt by the DCI to stray, foray into the constitutional mandate of the DPP and in the process, imperil the functions of the DPP,” said Havi.

On Tueday, Cohen’s family lawyers filed a petition on behalf of his sister Gabriel Hannan Van Straten, seeking to remove Haji from office for refusing to charge the senior judge.

The DPP cleared him but Tob Cohen’s sister claims he was involved in the murder.

The sister claims that the DPP has demonstrated abuse of power and office by restraining the DCI from arresting Judge Sankale over the murder.

In response, Haji said he will reply to the allegations once Public Service Commission in accordance with Article 158 of the constitution.

However, LSK president claims the DCI is involved in the petition. He alleges that DCI are striving to control DPP on the matter.

LSK argues that, based on the Constitution, Office of the Director of Public Prosecution Act 2013 and the National Police Service Commission Act 2011 and the guidelines on the decision to charge 2019, the DCI cannot instate charges without the DPP’s permission.

According to Havi, the creation of DPP as an independent office was o offer checks and balances and to prevent abuse of power of criminal investigation.

DCI argues that the judge was involved in the murder as he constantly communicated with the tycoon’s widow Sarah Wairimu Cohen six hours after the murder of the businessman.

John Gachomo, a senior assistant Inspector General of Police based at DCI headquarters claims forensic investigations places the judge at the scene of crime.

“On of the calls between the petitioner and Sarah Wairimu Kamotho lasted for six minutes continuously. The late Tob Cohen was murdered about six hours after the suspicious communication,” argued Gachomo.

In court, Gachomo also claims the judge illegally transferred Cohen shares and allegedly helped Wairimu change her statement. But the DPP says the evidence from DCI shows nothing to collaborate their claims.

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Embattled Migori Governor Okoth Obado, his four children and eleven other people might face another rough time as the Director of Public Prosecution (DPP) is set to table new evidence in the Sh 73.4 million corruption case.

When the case came up for hearing on Tuesday before trial magistrate Lawrence Mugambi, the DPP through Senior State Counsel Eva Kanyuira told the court that this office has new evidence in the case against Obado and his co-accused parties.

The senior counsel told the magistrate that in the course of the pre-trial proceedings with the investigating officer, they discovered 500 new pieces of information which will be vital in the case.

She stated that the state would like to amend the charges against all the accused persons following the fresh evidence that has emerged.

Kanyuira asked the court to allow the prosecution to amend and substitute the charge sheet “in the interest of justice.”

“It will not cause any prejudice or injustice to the accused persons as they shall be accorded sufficient opportunity and time to test and challenge the prosecution case as presented,” the DPP said.

The State also sought more time to have the defense team go through the new evidence before the trial started.

The magistrate hesitantly allowed the defense lawyers and accused persons a day to go through the new evidence until Thursday morning when the case is expected to begin.

Among the new evidence introduced in the case are documents recovered from Obado’s home in Uriri in Migori, Migori county government, evaluation committee report for meeting NoECR/263/2015-2016 dated June 8 to 14 of 2014, offer for sale agreement for Loresho Ridge townhouse dated August 12, 2014 and bank account statements from KCB, Co-operative banks, Central Bank of Kenya and Bank of Scotland.

Other documents include payment vouchers for several companies including M/S Deltrack ICT Services, Dolphus Softwares, Peuslus Supplies, Kajulu Business Solutions Associates, Atinus Services and Victorious Investments.

The defense led by George Kithi had declined the request by the State to have the case proceed without them being given an opportunity to go through the new evidence.

Only Obado was present during Tuesday hearing while the rest of the co-accused attended virtually.

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Sarah Wairimu’s lawyer, Philip Murgor on Tuesday came out guns blazing against prosecution’s claim that he is still a state counsel.

Murgor told High Court Judge Stella Mutuku that he recopied Director of Public Prosecutions (DPP) Noordin Haji his resignation via WhatsApp.

“I recopied Noording Haji my resignation via WhatsApp and he replied ‘It is OK’,” Murgor said.

The state prosecution filed an application last week seeking to have Murgor removed from the case, saying that he was still a DPP staff.

Murgor is representing Wairimu in the case she is accused of murdering her Dutch husband Tob Cohen.

Despite Murgor’s statement, the prosecution insist that they have evidence that the former DPP is still a state officer.

“I can confirm that the gazette notice has not been revoked,” said state prosecutor Catherine Mutuku.

Justice Mutuku said she will rule on the status of Murgor on Thursday, October 3.

Murgor claimed that the prosecution want him off the case because his presence intimidates them.

Wairimu has not yet taken plea over the murder charge.

Last week, she was allowed to attend Cohen’s burial at the Jewish cemetery near Pangani, but under tight security.

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