An ongoing court process led to deepening investigations into the murder of Dutch businessman Tob Cohen
Documents filed in court have revealed that the DCI has not interrogated a senior police officer who happens to be a person of interest in the matter.
At the same time, Cohen’s family has filed an application to remove Director of Public Prosecutions (DPP) Noordin Haji from office.
Cohen’s sister Hannah Van Straten filed the application before the Public Service Commission (PSC) through lawyer Dunstan Omari.
The DPP on his part has filed two letters to the Inspector General of Police, Hillary Mutyambai seeking to have the (said) officer record a statement following revelations that Cohen allegedly claimed he was collaborating with his wife Sarah Wairimu Cohen.
The Standard reports that Haji is pushing to have independent investigators revisit the case.
The letters seek to have the officer state his relationship with Wairimu and to establish if the police officer was in communication with the widow, including one alleged to have taken place on July 30, 2019. The letter reads that the investigator ought to also clarify whether it was possible that Cohen could have died on July 19 or 20, 2019.
As per the letter, the investigator was supposed to trace all calls for Cohen and Wairimu, as well as obtain all email correspondences between Court of Appeal judge Sankale ole Kantai and the widow.
In documents before the court, the DPP argued that the gaps he had identified were not covered; leading him to conclude that there was insufficient evidence to charge the judge unless new information was obtained.
Early this month, Haji reminded the IG that the officer had not recorded the statement as had been directed in 2020. This time, the letter was also brought to the attention of the DCI boss George Kinoti.
“I am directed by the Director of Public Prosecutions to write in reference to the above matter in a letter dated March 17, 2020. We have noted from our records that the above directives were not carried,” Senior Assistant DPP Victor Mulwe wrote.
He asked the IG to ensure the officer records the statement and have it forwarded to him alongside a duplicate file sent on September 30.
In court, the DCI claims the DPP failed to prosecute Justice Kantai. However, Haji, in his case, says there were fatal gaps the DCI did not seal despite several reminders. On the other hand, the judge says he is a victim of a supremacy battle between the DPP and DCI.