Kantai & 3 others v Service & 5 others; Cohen & 4 others (Interested Parties) [2022] KEHC 400 (KLR)

Kantai & 3 others v Service & 5 others; Cohen & 4 others (Interested Party) (Petition E334, E453 & E543 of 2021 & Miscellaneous Petition E037 of 2021 (Consolidated)) [2022] KEHC 400 (KLR) (Constitutional and Human Rights) (5 May 2022) (Ruling)

Neutral citation: [2022] KEHC 400 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Constitutional and Human Rights

Petition E334, E453 & E543 of 2021 & Miscellaneous Petition E037 of 2021 (Consolidated)

HI Ong'udi, J

May 5, 2022

Between

Justice Sankale Ole Kantai

1st Petitioner

Noordin Mohammed Haji

2nd Petitioner

Director of Public Prosecutions

3rd Petitioner

The Law Society of Kenya

4th Petitioner

and

Inspector General of the National Police Service

1st Respondent

Directorarate of Criminal Investigations

2nd Respondent

Public Service Commission

3rd Respondent

Gabriele Hannan Van Staten

4th Respondent

Ibrahim Ndung’U Ndirangu

5th Respondent

The Judicial Service Commission

6th Respondent

and

Sara Wairimu Kamotho Cohen

Interested Party

Peter Njoroge Karanja

Interested Party

Grace Nginda Ita (Suing for and on Behalf of the Estate of Silas M’Njamiu Ita

Interested Party

Francis Nyaga Njeru

Interested Party

Okiya Omtatah Okoiti

Interested Party

Ruling

1. On 2nd December, 2021 this court consolidated Petition Nos.E334 of 2021, E433 of 2021, E459 of 2021 and Petition Misc. No.037 of 2021. Upon consolidation the consolidated file was allocated to Justice Mrima for hearing and determination. This file has been placed before me to reconsider the order consolidating the petitions. I have heard all counsel on the same.

2. The order for consolidation was made because the substratum of the petitions is one, and that is the decision that was made by the Director of Public Prosecutions not to charge Hon. Justice Sankale Ole Kantai with a criminal offence of murder. All these petitions arise from that decision. Nothing has changed.

3. The reason behind the consolidation was to have one Judge hear the matters to avoid contradictory decisions being made by different judges on the same issue.

4. Counsel for the Judicial Service Commission and Public Service Commission among others are citing delays in hearing their matters. This court is not privy to the alleged delays in hearing the cases. The court now fully equipped to handle any issues after the consolidation is Justice Mrima. He is in control of the files and he knows what is happening. He even recently added Petition 543/2021 to the consolidated bundle.

5. Despite the fact that I made the order consolidating the first four (4) files, I find it prudent that any issues touching on the administration of the said files should be handled by the court hearing the petitions. If there is any need for de-consolidating the petitions the court best placed to do it is the trial court, and that court is Hon. Justice Mrima. I therefore find no good reason to make me review the orders I issued on 2nd December, 2021 in respect of the consolidation.

This matter will be mentioned before Hon. Justice Mrima on 12th May, 2022.

DELIVERED, SIGNED AND DATED THIS 5 TH DAY OF MAY, 2022 IN OPEN COURT AT MILIMANI, NAIROBI.H. I. ONG’UDIJUDGE OF THE HIGH COURT