The Judicial Service Commission ( JSC) has recommended the suspension of Environment and Land Court Judge Mohammed Noor Kullow over gross misconduct, incompetence and violation of the Judicial Service Code of Conduct.
JSC, chaired by Chief Justice Martha Koome, has asked President William Ruto to constitute a tribunal to probe Judge Kullow after finding that there were sufficient grounds for his removal from office.
Judge Kullow will now be on half pay as he awaits his fate to be decided by a seven-member tribunal to be formed by President Ruto.
The judge has been under probe after three petitions were filed before JSC seeking his removal.
“The Commission was satisfied that 3 out of the 5 Petitions as well as the proceedings at the Commission’s own motion had disclosed grounds for the removal of Hon. Justice Kullow from office over gross misconduct; incompetence and violation of the Judicial Service Code of Conduct. Two Petitions were dismissed for failure to disclose sufficient grounds for removal, ” CJ Koome stated.
The JSC led by Chief Justice Koome has written to President Ruto to invoke Article 168 of the constitution that outlines the removal of a judge from office.
“The Commission has Petitioned His Excellency the President to appoint a tribunal in accordance with Article 168 (4) & (5) of the Constitution,” she added.
The JSC recommended the removal of Justice Kullow after the petitioners proved beyond reasonable doubt the allegations against him for inordinately delaying or failing to deliver rulings or judgements in a total of 116 matters.
Meanwhile, the JSC has also resolved the removal of Principal Magistrate Patrick Wambugu from the Judiciary for gross misconduct
Koome-led commission has fired Wambugu after being accused of irregularly altering bond terms that resulted in the release of an accused person who had been charged with defilement of a six-year-old minor.
The commission revealed that the accused person has since jumped bail.
Further, the JSC confirmed that since January 2023 to date, it has received 85 petitions or complaints against Judges.
“A total of 37 were dismissed on grounds that they were based on merits or decisional independence of a Judge. Of the remaining petitions, 30 are pending preliminary evaluation before the Commission; 11 are awaiting responses from Hon. Judges concerned; 3 petitions have been admitted for hearing; and 4 petitions have been forwarded to His Excellency the President for appointment of a Tribunal,” Koome stated.
Additionally, the JSC says it has since received four disciplinary cases against Judicial Officers from the Office of the Chief Justice.
“Upon consideration, the Commission dismissed one judicial officer from service; dismissed one disciplinary case for insufficient evidence while two of the cases are ongoing,” Koome said.
