The Office of the Director of Public Prosecutions (ODPP) never received evidence from the Directorate of Criminal Investigations (DCI) linking appellate Judge Justice Sankale Kantai to Tob Cohen murder, it has emerged.
According to a letter dated October 7 from the ODPP to Inspector General of Police Hillary Mutyambai, the purported evidence was leaked to the media by DCI, and has never been submitted to the ODPP for consideration.
It has also emerged that the officer who swore the affidavit that was leaked to the media, Mr John Gachomo, was not part of the officers commissioned in investigating the murder of Cohen.
“I directed that you seek explanations from the Director of Criminal Investigations (DCI), as to why the alleged material evidence was being disclosed to the public instead of being forwarded to the ODPP for consideration and appropriate action in accordance with the law, the alleged evidence in possession of the DCI has never been furnished to the ODPP, an officer who is not seized of the matter has sworn an affidavit deponing into alleged matters he is not party to, why the ODPP was never informed, if he was an investigating officer, why John Gachomo did not submit his statement to the ODPP, and why he concealed the alleged evidence that he has now purported to make public through the affidavit,” the letter by Director of Public Prosecutions Noordin Haji read in part.
In the affidavit that was leaked to the media, John Gachomo described himself as “a member of one of the syndicated teams of detectives tasked with investigating the murder of the late Tob Cohen”.
The affidavit claimed that Justice Sankale was an accessory to murder, with the only link being communication with the prime suspect Sarah Cohen.
According to sources who sought anonymity, Justice Kantai and Sarah had been dating for 17 years, and the communication used did not in any way insinuate that the judge was involved in the murder, whether before or after.
Haji has, as a consequence, directed Mutyambai through the Internal Affairs Unit (IAU) of the National Police Service to investigate the said John Gachomo to establish whether or not he disclosed as her purported, material evidence or any evidence in his possession to the public and which he was required to instead forward to the ODPP.
The IAU will also probe how an officer who is not seized of the matter and investigation in question has sworn an affidavit deponing to alleged matters he had neither personal knowledge of nor was he privy to.
The DPP is also planning to bring on board foreign investigators to unravel the mystery behind the murder of the Dutch tycoon, who was murdered and his body concealed in a septic tank.
“I intend to recommend the initiation of an invitation of appropriate foreign investigative agencies to assist in the matter by conducting joint investigations together with officers of the National Police Service,” said Haji in the letter.
In a case filed by Justice Sankale, the ODPP, listed as an interested party, accused the DCI of withholding information regarding the case, while at the same time disparaging the image of the ODPP in the media.
“The parties, their advocates, officers working under them(parties), their representatives, servants, agents and/or persons working under the parties and/or through their instructions have been prosecuting the petition and articulating their position in respect of the petition and response to the petition through the media,” avered Jacinta Nyamosi, the acting deputy DPP.
“That despite having sought further information, material and evidence directly from the 2nd Respondent as against Applicant herein, the 2nd Respondent (DCI) has failed, refused and or neglected to execute his mandate and duties and to respond as required in law,” added the affidavit.
The ODPP and DCI had initially constituted a team of 20 individuals to handle the Cohen murder. In the list which is in our possession, Gachomo was never there and never attended any meeting of the multi-agency team.