APPELLATE COURT JUDGE KANTAI SEEKS TO BLOCK DCI FROM RE-ARRESTING OR CHARGING HIM OVER LINKS IN COHEN MURDER.

BY SAM ALFAN.

Court of Appeal Judge Sankale Ole Kantai has moved to court seeking to block Director of Criminal Investigations George Kinoti from rearresting him over the murder of Tob Cohen.

The judge wants police barred from rearresting or charging him in court over the matter arising from the murder investigations of Tob Cohen.

In his court documents, the judge seeks a temporary injunction restraining Inspector General of Police and DCI George Kinoti from rearresting or charging him in court on the matter arising from the murder investigations of Tob Cohen without the express permission of Director of Public Prosecution.

Judge Kantai through lawyer Peter Wanyama claims that DCI wants to arrest him on matters that DPP Haji has already considered closed.

He adds his apprehension is based on a replying affidavit by senior DCI officer John Gachomo which indicated he will be charged with the offence of forgery and fraudulently transfer of shares.

The DCI through Gachomo said he has enough evidence to charge the judge.

“The entire content of the said affidavit of John Gachomo is predicated on the matters DPP has fulsomely considered and rendered a decision on. In the scheme of things, the petitioner has legitimate expectation that he won’t be arrested and harrassed again by the DCI”, Judge Kantai says.

The judge argued that, by the DCI indicating he will be arrested on the matters he had been cleared, DCI is acting rogue and setting a dangerous precedent in the administration of justice in country and he must be stopped by the court in the interim.

In what is seen as an attempt to defend the DPP, the judge accuses the DCI of not appreciating dynamics, content and context of the constitutional powers of the DPP inthe 2010 dispensation.

“From the hugely problematic averments in the replying affidavit of John Gachomo, it is patently clear that the DCI has gone rogue and his statement that he can arrest and charge suspects in court without involvement of the prosecution is singularly incorrect and disappointing “, says Judge Kantai.

He further adds that the DPP reviewed and found no evidence against him but the DCI appears to be strongly motivated and believes he must be arrested and charged in matters the judge terms as speculative, uncorroborated, premised on the hearsay evidence, assumptions, suppositions and what ifs.