The Judicial Service Commission (JSC) has petitioned President William Ruto to appoint a tribunal to look into the removal of Justice Mohammed Noor Kullow from office.
In a statement on Wednesday, March 6, JSC said it made the decision after receiving five petitions for the removal of the judge.
“The Commission on diverse dates received a total of 5 (five) Petitions for the removal of Hon. Mr. Justice Mohammed Noor Kullow from office as Judge of the Environment and Land Court for alleged violations of the Constitution of Kenya 2010 and the Judicial Service Code of Conduct,” read JSC statement in part.
The commission further moted that, “in addition, upon receipt of several complaints, the JSC on 31st May 2023 resolved on its own motion, to initiate proceedings for the removal of Hon. Justice Kullow from office, for inordinately delaying or failing to deliver rulings or judgements in a total of 116 matters.”
Consequently, JSC revealed that it appointed a Panel to consider the Petitions as provided under the Judicial Service Act No. 1 of 2011. The panel subsequently presented its Reports to the Commission on 22nd February 2024.
According to the Commission, it was satisfied with 3 out of the 5 Petitions as well as the proceedings at the Commission’s own motion which had disclosed grounds for the removal of Justice Kullow from office.
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The grounds included gross misconduct, incompetence and violation of the Judicial Service Code of Conduct. However, two Petitions were dismissed for failure to disclose sufficient grounds for removal.
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It is from the satisfaction of the three petitions that JSC petitioned President Ruto to appoint a tribunal in accordance with Article 168 (4) & (5) of the Constitution.
Other judges dismissed by JSC
At the same time, in the discharge of its disciplinary mandate over Judicial officers and staff the Commission resolved to dismiss Principal Magistrate Patrick Wambugu from service for gross misconduct.
“Hon. Mr. Wambugu was 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 accused person has since jumped bail,” said JSC in a statement.
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Further, the Commission has confirmed that it has received 85 petitions/complaints against Judges since January 2023 to date.
According to JSC. a total of 37 judges 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,” added JSC.
In the same period, the Commission received 4 disciplinary cases against Judicial Officers from the Office of the Chief Justice.
JSC revealed that upon consideration, it dismissed 1 judicial officer from service, dismissed 1 disciplinary case for insufficient evidence while 2 of the cases are ongoing.
