Appeals Court Judge linked to Tob Cohen's murder awarded Sh2.5 million

Judge Sankale Ole Kantai is a judge of Kenya’s Court of Appeal, one of the country’s senior appellate courts. His name entered the Tob Cohen case because former DCI director George Kinoti arrested him after the businessman’s death.

Being “linked to” a murder means investigators treated someone as connected to the case or potentially relevant to its events. It does not, by itself, mean the person was accused, charged, or found guilty; the article does not explain the alleged connection.

The High Court later ruled that the DCI violated the Constitution by arresting Kantai, taking his mobile phone, and conducting what Justice Chacha Mwita called a smear campaign. That ruling highlights the need for lawful investigations and careful public reporting. The source provides no further details about evidence or any final criminal outcome.

The High Court awarded Sh2.5 million to Court of Appeal Judge Sankale Ole Kantai. The payment followed a claim that state officials violated his constitutional rights. It highlights the limits placed on investigators, even during serious criminal inquiries.

The case followed Kantai’s arrest after businessman Tob Cohen died. Justice Chacha Mwita found that former DCI director George Kinoti violated the Constitution by arresting the judge, taking his mobile phone, and pursuing a smear campaign. Those actions formed the basis for the compensation claim.

The ruling shows that public officers may face financial consequences for unlawful conduct. Investigators must respect constitutional protections while gathering evidence. The source identifies the award and alleged violations, but does not provide a separate breakdown of damages or explain whether other officials shared responsibility.

The High Court found that the Directorate of Criminal Investigations (DCI) violated the Constitution. It said this happened while handling Judge Sankale Ole Kantai. The finding matters because investigators must respect constitutional rights during serious inquiries.

The case followed the death of businessman Tob Cohen. Former DCI director George Kinoti was put on the spot after investigators arrested Kantai and confiscated his mobile phone. Justice Chacha Mwita’s judgment also said the DCI subsequently conducted a smear campaign against the judge.

The source does not provide the specific constitutional provisions, remedies, or later court orders. Its central finding is clear: the arrest, phone seizure, and public campaign breached constitutional limits. The ruling signals that investigative power cannot override rights or justify damaging public accusations.

Kenya’s Court of Appeal is the country’s second-highest court, below the Supreme Court. It mainly reviews decisions from the High Court and courts with similar status, correcting legal or procedural errors rather than conducting ordinary trials.

The High Court handles major first-instance cases, including constitutional disputes, and appeals from lower courts. In the source article, High Court Justice Chacha Mwita found former DCI director George Kinoti violated the Constitution. The case involved arresting Court of Appeal Judge Sankale Ole Kantai after businessman Tob Cohen’s death. Mwita also addressed Kantai’s confiscated phone and an alleged smear campaign.

This distinction strengthens checks and balances within Kenya’s justice system. The High Court can scrutinize actions by senior officials, while the Court of Appeal reviews eligible High Court decisions. A further challenge generally goes to the Supreme Court, Kenya’s highest court. The article shows the High Court exercising oversight, not the Court of Appeal acting as a trial court.

Kenya’s Constitution protects liberty, privacy, dignity, and reputation. Article 29 guards against arbitrary arrest, while Article 31 protects private communications and phones. Articles 28 and 33 also support dignity and reputation, while Article 49 requires lawful treatment after arrest.

In the reported case, High Court Justice Chacha Mwita said former DCI director George Kinoti violated the Constitution. The court linked the violation to arresting Court of Appeal Judge Sankale Ole Kantai, taking his phone, and conducting a smear campaign. Courts provide the key safeguard by reviewing whether officials had lawful grounds and followed required procedures.

The article connects these events to businessman Tob Cohen’s death, but gives no details about remedies or compensation. Practically, officials must justify arrests, handle seized devices lawfully, and avoid unsupported public accusations. People who believe their rights were violated can seek legal advice and challenge state conduct in court. Exact remedies depend on evidence and court orders.

The High Court said former DCI director George Kinoti violated the Constitution. Due process requires lawful arrests, fair treatment, and proper handling of evidence. Judicial independence protects judges from police pressure, allowing courts to decide cases without fear.

Justice Chacha Mwita said the DCI arrested Court of Appeal Judge Sankale Ole Kantai after businessman Tob Cohen’s death. Police also confiscated Kantai’s phone and pursued a smear campaign. These actions show why accusations must be tested through lawful, impartial processes.

The source provides no broader statistics or later findings. However, this ruling shows an immediate safeguard: courts can review investigators’ conduct. Police must respect constitutional limits, while judges remain accountable through fair legal processes, not intimidation or public attacks.