Sankale’s arrest of Friday came just hours after the Nation had published an exclusive story about how a suspect in a murder trial had reached out to a judge for advice. The two met at Acacia Hotel in Kisumu and there is evidence of them not only exchanging love messages but also evidence crucial to the case.
The suspect in the case as it turned out, is Ms Sarah Wairimu, a widow and a main suspect in the murder of Dutch businessman Tob Cohen.
“Good morning. Driver left five minutes ago. He is coming for you,” the judge wrote in one of the messages preceding a meeting between the two at a hotel in Kisumu.
“OK love,” replied Ms Wairimu. “Pack mosquito repellent if you have,” the judge wrote in another SMS. “Done.” After several minutes she wrote: “Hi. Driver has picked.”
President Uhuru Kenyatta has defended his decision not to gazette 41 judges picked by Judicial Service Commission, saying he had received adverse reports on some of them.
The President argues it would be irresponsible on his part to appoint the judges who enjoy the security of tenure given the integrity concerns and reveals he will ask relevant authorities to take “legal and administrative” action.
It has been four months since JSC nominated 41 individuals for appointment as judges of Appeal, Lands and Employment courts.
However, the President went quiet after the names were forwarded to him, prompting a court case by a lawyer who wants the High Court to compel the Head of State to make the appointments.
Yesterday, Head of Public Service Joseph Kinyua filed an affidavit on behalf of the President in response to the suit, in which he revealed the integrity concerns against some of the nominees.
In the affidavit, the President questions why JSC never considered this adverse information against the unnamed applicants for the jobs in the bench.
“The President received adverse reports in respect to some of the persons recommended for appointments as judges after the names of the said judges were published in the media. The President believes that the Judicial Service Commission ought to have considered the information while arriving its recommendation,” the reply reads.
“It would be irresponsible and contrary to the oath of office for the President to appoint judges, or indeed any other public or State officers to office, where serious questions have been raised about their integrity- more so judges who enjoy security of tenure and whose probity and integrity should be above reproach,” it adds.
According to Mr Kinyua, the President is currently collating all information and consulting relevant authorities with the intention of taking legal and administrative actions.