High Court Judge Sankale Kantai and his mistress, Sarah Wairimu, have known each other since 1999.
According to an affidavit filed in court by the Directorate of Criminal Investigations (DCI), Sankale and 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.
The court heard that Justice Sankale fraudulently transferred to himself some shares from Cohen’s company on April 29, 1999.
The shares belonged to the late Silas Ita, a former director at Tob’s Limited.
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 director.
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 Dutch tycoon was murdered 2 days after he discovered the fraudulent deals involving the judge and his wife Sarah.
“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 affidavit read in part.
According to investigations by the DCI, 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 also placed the rogue judge within the murder scene of Tob Cohen on July 19, 2019.