The Directorate of Criminal Investigations claims High Court Judge Sankale Kantai and his alleged lover Sarah Wairimu killed Tob Cohen to conceal the fraudulent transfer of shares from Tobs Limited, the company of the late Dutch national to the judge which Cohen discovered two days before his death.
In an affidavit filed in court in response to an application filed by the judge to stop his arrest over the murder of the tycoon, DCI says that Justice Sankale transferred to himself some shares of the company which belonged to the late Silas Ita, a former director of the company on April 29, 1999.
According to the affidavit filed by the DCI on July 19, 2019, Cohen was murdered barely two days after the discovery of the fraudulent share transfer involving the judge and Sarah Wairimu Kamotho.
“Investigations reveal that the planning and execution of the murder were directly linked to Justice Sankale and Sarah who were covering up the fraudulent transfer of the shares which provided an urgent motive to murder Tob Cohen,” the court application read in part.
Tob Cohen discovered the fraudulent transaction after the registrar of companies wrote him a letter dated July 17, 2019, expecting a response concerning the change of company directors.
He had requested to replace his late co-director by introducing another director Joseph Kiragu as a shareholder oblivious that the judge had already transferred the shares of the late co-director by the name Silas Ita to himself and then to Sarah.
The investigators further allege that the judge and Sarah intercepted this communication from the registrar of companies and that they could not wait for the late Cohen to respond to the communication as it could have confirmed the said fraud and forgery committed by the judge.
“That the late Tob Cohen was not aware that the petitioner had fraudulently transferred the company shares of the late Silas Ita to himself and later the petitioner transferred the same to Sarah Wairimu Kamotho in 2002,” the application read in part.
DCI claims that the information of transfer of the shares prompted the two to kill the late Tob Cohen since it could have tainted the image of the judge.
Investigations further revealed that Tob Cohen had never instructed the judge to act for him or his company and hence the transfer of the said shares was unknown to Cohen.
He further says the judge misled the investigators by stating in his statement that he was approached by the late Cohen and his wife Sarah to incorporate Tobs Limited whereas the company Memorandum and Article of Association held by the registrar of companies indicate that Tobs Limited was registered by the A.R Kapila and Company advocates.
He claims the judge failed to demonstrate to the investigators how and when he was instructed by the late Cohen or produce any instruments of engagement as proof of his retention by the late Cohen.
The affidavit in paragraph 13 says that the judge’s involvement in the fraudulent transfer of shares was premeditated and intended to transfer the late Cohen’s interest in the company to Sarah who was allegedly the judge’s mistress.
DCI asks the court to dismiss the judge’s application and allow him to face murder charge since forensic analysis established that the petitioner who is the judge heightened his communication and association with Sarah Wairimu from July 17 to July 19, 2019, when Tob was expected to respond to the registrar of companies and on July 19, 2019, Cohen was murdered.
“The late Cohen filed for divorce which enraged Sarah and made her visit the petitioner’s chamber in Nyeri for legal advice on whether her interests were well protected by her legal counsel which clearly demonstrates that they had an intimate relationship,” the court affidavit read in part.
He goes ahead to say that the preparation and malice forethought by the judge is forensically exhibited by the presence of the judge within the murder scene of Tob Cohen on July 19, 2019, as from 12:52 pm to 7:12 pm and his continuous communication with her.
