Court stops JSC from hearing petition for removal of Judge Sankale Ole Kantai

The High Court has stopped the Judicial Service Commission (JSC) from proceeding with petitions seeking the removal of Court of Appeal Judge Sankale Ole Kantai from office.

Justice Chacha Mwita ruled that entertaining the petitions while related proceedings remain pending in court would threaten the judge’s constitutional right to a fair hearing.

"The petition is allowed, JSC decision to consider petition by Okiya Omtatah dated 4 October 2021 for the removal from office is a threat to violate his rights to fair hearing..," the court ruled.

The court emphasized that those who have already lodged the petitions will not be prejudiced, noting that the respondents will not suffer any disadvantage by awaiting the outcome of the pending cases.

The ruling arose from a petition lodged by activist Okiya Omtatah in April 2021, which sought Kantai’s removal from office over alleged involvement in the murder of Dutch businessman Tob Cohen.

As a result, the JSC is prohibited from continuing with the matter until the other petitions before the High Court are heard and determined.