Second petition filed for removal of justice Sankale Ole Kantai from office

The petition has been filed before the Judicial Service Commission by Tob Cohen’s sister Gabriel Hannah Van Straten.

In the petition, Straten argues that the judge has exhibited gross misconduct /misbehavior by engaging in extra marital affairs with Sarah Wairimu Cohen, a businesswoman who doubles up as her sister-in-law.

”JSC be pleased to order the immediate removal from office of judge Sankale Ole Kantai from discharging, executing in any manner involving himself in any judicial function contemplated under the constitution,” reads the documents.

According to documents filed before the JSC, Straten further claims that the judge got intimate with an accused person, Sarah Wairimu despite knowing that she was a married woman and by extension a central figure in an ongoing murder trial.

He alleges that the judge booked and checked into hotel room no.405 at the Acacia hotel Kisumu with Sarah Wairimu and allegedly spent two nights together.

Straten alleges that the judge breached his oath of office and is eligible for removal from office.

She claims that the judge used his position and facilitated her sister-in-law’s travel from Kisumu airport to Acacia hotel and arranged her travel using his official judiciary vehicle and official driver.

Similarly, she argues that the judge destroyed evidence of their involvement in the murder of her brother Tob Cohen between 20th July and August 28th via WhatsApp, phone calls and planned meetings.

Through her lawyer Dastan Omari,  Straten claims that justice Sankale assisted Sarah Wairimu to write and edit her statement under inquiry regarding the disappearance of his late brother which she argues amounted to abuse of the office.

Last week, activist Okiya Omtatah filed a similar petition before the JSC seeking removal of Sankale from office.

According to Omtatah, the judge has violated express provisions of the Constitution on integrity, transparency, and accountability.

He says Sankale concealed material facts concerning the judge’s role in the fraudulent transfer of the late Silas Ita's share in Tobs Limited to himself on 29th April 1999 and, later, the transfer of the same shares to Sarah Wairimu Kamotho on 2nd May, 2002.

”The impugned conduct of the learned Judge, frustrating police efforts to bring the murderers of the late Tob Cohen to book, is a breach of the oath of office for judges of the Superior Courts which he took and, therefore, amounts to gross misconduct and/or misbehaviour warranting removal from office,” says Omtatah.