The family of the late Dutch businessman Tob Cohen has announced plans to sue the Director of Public Prosecutions Noordin Haji over the alleged selective prosecution of murder suspects in the case.
The family’s lawyer Danstan Omari told members of the press on Monday that Cohen’s kins arrived at the decision following an affidavit filed in court by the Directorate of Criminal Investigations (DCI).
Omari, who confirmed to have been given a go-ahead to file a petition for the removal of the DPP, said there was evidence that Cohen was killed by prominent persons who the DCI recommended for prosecution but were not charged.
Omari claimed that Cohen had discovered that his 999 shares had been stolen from his company and the matter was reported to the police but no action was taken.
The businessman, the lawyer said, was killed a few days later.
The 72-year-old’s body was found in a septic tank at his Kitisuru home in Farasi Lane on September 13, 2019, over a month after he went missing.
The tycoon’s wife Sarah Wairimu and another suspect identified as Peter Karanja were arrested and charged with the businessman’s murder. They are out on bail.
The DCI had recommended murder charges against Court of Appeal Judge Sankale Ole Kantai but the DPP terminated the case against the suspect in August for lack of evidence.
In the affidavit filed in court, the DCI faults the DPP for dropping the charges against the judge.
“The DPP can only terminate criminal proceedings instituted by his office and not criminal investigations being undertaken by DCI while exercising its constitutional mandate,” John Gachomo, a senior assistant Inspector General of Police, said in the affidavit.
According to Gachomo, the ODPP is yet to communicate what evidence was lacking in the investigation file to inform the decision to drop charges against the judge.
Further, the officer claimed that judge Sankale actively participated in the planning and cover-up of the murder of Cohen.
It has in the past been alleged that the judge was indeed in a clandestine affair with Cohen’s widow.
Gachomo claimed that the judge and Wairimu met on various occasions to plan the murder of the late Cohen.
In a move aimed at proving why DCI believes that Justice Kantai was part of the scheme, Gachomo said that the judge fraudulently transferred shares of a company that was being run by Cohen from Silas Itas before eventually transferring them to Wairimu.
He said that Cohen was killed two days after the fraudulent transfer was discovered.
“Cohen was murdered barely two days after the discovery of the fraudulent transfer involving the petitioner and Wairimu. The discovery of the fraud is the motive of Cohen’s death,” the documents filed in court read in part.