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The High Court has barred a city law firm from participating in all cases concerning Court of Appeal judge Justice Sankale ole Katai and Director of Public Prosecutions (DPP) Noordin Haji over the murder of the late Dutch tycoon Tob Cohen.

In a ruling rendered by Hedwig Ong’ondi, the court disqualified all advocates of Musyoki Mogaka & Co. Advocates including lawyer Danstan Omari and Shadrack Wambui following an application lodged by Cohen’s widow Sarah Wairimu.

The advocates were representing Cohen’s sister, Gabrielle Hannah van Straten, in various cases lodged at the High court by DPP and Justice Sankale.

In the petitions, the advocates have been disqualified from appearing in various cases including a lawsuit by Justice Sankale who has challenged a decision by Judicial Service Commission (JSC) to take action on him after he was implicated in the murder of Cohen.

DPP Haji had also filed a petition questioning powers of the Public Service Commission (PSC) to handle a complaint lodged against him over his alleged failure to prefer murder charges against Judge Sankale.

The complaints were lodged at JSC and PSC by Gabrielle through lawyer Omari and Wambui based on an affidavit that was filed in court by DCI officer John Gachomo.

Wairimu through lawyer Phillip Murgor asked the court to bar advocates over conflict of interest on grounds that lawyers Omari and Wambui both of Musyoki Mogaka & Co. Advocates have played an active role in investigations in respect to the murder of her husband.

Further, the lawyer sought to have the lawyers disqualified from the matter claiming that they are key witnesses in the murder case against his client.

“The two advocates (Danstan Omari and Shadrack Wambui) are conflicted in this matter as they are potential witnesses in the murder case. Following documents related to the murder case and allegedly authored by the two advocates,” Murgor had informed the court.

“The said murder case is the subject of this petition and other related ones. Thus being a witness to Omari and the firm of Musyoki Mogaka and co. Advocates are privy to confidential information passed between them and the late Tob Cohen,” he added.

Murgor argues that the right to representation by an advocate of one’s choice is not absolute as it may be limited where there is a conflict of interest.

“In this case Omari will be doubling up as a witness and it will conflict with his duty to the client,” Murgor stated.

In her ruling, justice Ong’undi concurred with Murgor’s submissions that documents have been filed in court showing their statements, letters and aired stories confirming they are witnesses in the murder case.

Evidence before court

While refusing the lawyers from representing Gabrielle, judge Ong’undi noted that from the evidence adduced in court, lawyer Omari, Wambui and the firm of Musyoki Mogaka Advocates have played a critical role in the murder case.

“I find that in the interest of justice and all fairness the advocates and all advocates practicing in the law firm of Musyoki Mogaka Advocates should be disqualified from representing Gabrielle Hannah van Stratwn and Grace Nginda Ita (an administrator of the estate of the late Silas M’ Njamiu Ita) and any other party or parties in petition no. 543 of 2021,”Justice Ong’undi ordered.

In the several petitions pending in court, Haji and Justice Kantai have sued the PSC, JSC and DCI for violation of the constitutional rights.

Haji and judge Sankale have since obtained orders barring JSC and PSC from taking action against them pending the hearing of the lawsuits.