The High Court has stopped the Judicial Service Commission (JSC) from proceeding with petitions seeking the removal of Court of Appeal Judge Sankale Ole Kantai from office.
In a ruling delivered by Justice Chacha Mwita, the court held that entertaining the petitions while related proceedings remain pending before the High Court would jeopardize the judge’s constitutional right to a fair hearing.
“The petition is allowed. The JSC’s decision to consider the petition by Okiya Omtatah dated October 4, 2021, for the removal of Justice Kantai from office is a threat to violate his right to a fair hearing,” Justice Mwita ruled.
The court stressed that parties who have already lodged complaints will not be prejudiced, noting that respondents will not suffer any disadvantage by awaiting the outcome of the pending cases.
The ruling stemmed from a petition filed by activist Okiya Omtatah in April 2021, seeking the removal of Justice Kantai over alleged involvement in the murder of Dutch businessman Tob Cohen.
Following the decision, the JSC is prohibited from taking any further steps on the matter until the other cases before the High Court are concluded.
