The widow of late Silas Ita is seeking to be enjoined in a petition filed by Justice Sankale Ole Kantai.
In the petition filed in September, Justice Kantai obtained orders barring his arrest or prosecution in relation to the Tob Cohen murder.
The appellate judge is also said to have transferred the late Ita’s share (Cohen’s business partner in Tobs Ltd) to himself and later to Cohen’s widow, Sarah Wairimu.
The DCI has since told the court that the judge was in a clandestine affair with Wairimu.
Through lawyer Jennifer Kilonzo, Ms Grace Naida Ita has told the court that she is a victim and hence deserves to be heard.
“Naida who is a victim of the criminal conduct of the judge is concerned about the controversy in the instant court proceedings and that unless the court entertains the application, the victim’s voices will be unlawfully muzzled,” her application reads in part.
Ms Ita also argued that it would be unfair for the instant proceedings to continue without her input as the administrator of the late Ita’s estate.
“Nadia has an identifiable interest in the criminal proceedings of the fraudulent transfer of a share in Tobs Ltd by the judge hence enjoining her in the proceedings will allow her access to justice for all benefits of the estates of the late Silas Ita,” she added.
Also seeking to be enjoined in the matter is Cohen’s sister, Gabriel Hannah Van Straten.
Through her lawyer, Danstan Omari, Gabriel said, “It is unjust and unfair for the instant proceedings to continue in her absence or to exclude her from the instant proceedings. The constant publication of information relating to the matter without the input of the victims of the alleged offence is condescending to the place of the victim in the justice process.”
The case will be mentioned on October 13.