Chief Justice Martha Koome asked President William Ruto to appoint a tribunal to investigate the conduct of Environment and Land Court judge, Mohammed Noor Kullow. Ruto honored the petition, and appointed Justice Patrick Kiage to chair the tribunal.
The CJ made the decision after a series of petitions lodged with the Judicial Service Commission (JSC), expressing dissatisfaction and initiating the removal of the said judge from office.
The JSC, as the regulatory body overseeing the conduct of judges, has specific criteria for filing a petition against a judge.
Further, any person, including a legal representative authorized by the petitioner, can submit a petition to the JSC.
Moreover, grounds for filing a petition include mental or physical incapacity, breach of the prescribed code of conduct, bankruptcy, incompetence, or gross misconduct.
Also Read: Martha Koome Clarifies Filing Cases at Huduma Centers
Equally important, the petition itself must contain specific details, including the petitioner’s name and contact information, the name of the judge in question, grounds for the petition supported by relevant facts, documents substantiating the petition, a list of witnesses, and any other pertinent information.
Step by Step Process of Filing a Petition Against a Judge
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Eligibility to File:
- Any person, including a legal representative, can file a petition against a judge.
- The petitioner can authorize someone else to submit the petition on their behalf.
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Submission of the Petition:
- The petition should be addressed to the Judicial Service Commission (JSC).
- The preferred mode of submission is via email to[email protected].
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Required Information in the Petition:
- The petitioner’s name and contact details, including postal address, telephone number, email address, or physical address.
- For organizations or institutions filing, the name of a contact person, their contact details, and any other relevant particulars.
- Clearly state the name of the judge against whom the petition is filed.
- Specify the grounds for the petition and provide supporting facts.
- Include documents that support the claims made in the petition.
- Provide a list of witnesses with their written statements.
- Include any additional information relevant to the petition.
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Submission Location:
- Deliver the completed petition to the JSC offices at CBK Pension Towers, 13th floor, CBD Nairobi, Kenya.
- Acknowledgment of Receipt:
- Upon receiving the petition, the JSC commits to acknowledging its receipt in writing within seven days.
- Petition Review Process:
- The JSC will conduct an impartial and independent review of the petition, ensuring a fair examination of the allegations against the judge.
However, it is crucial to note that the JSC lacks jurisdiction over matters touching on the merits or decisional independence of a judge.
That is to say, such issues are to be addressed through the courts’ appellate process, ensuring a separation of powers within the judicial system.
After filing a complaint or petition against a judge in Kenya, the JSC adheres to a systematic process.
Next, the Commission initiates the procedure by acknowledging the receipt of your complaint, assuring you that it’s under review.
Following this acknowledgment, the JSC conducts a preliminary assessment, carefully examining the merits of the complaint, gathering relevant information, and confirming jurisdiction.
Importantly, if the complaint is found to be valid, the JSC proceeds with a thorough investigation.
Also Read: JSC Initiates Process of Sacking Judge, Petitions Ruto
This phase involves interviewing relevant parties, reviewing documents, and assessing the evidence provided.
A crucial aspect of the process is providing the accused judge or judicial officer with a fair hearing.
To explain, this allows them an opportunity to respond to the allegations, presenting their side of the story and any supporting evidence they may have.
Immediately, after completing the investigation and considering the response, the JSC makes a decision.
Lastly, possible outcomes include the dismissal of the complaint if lacking merit or evidence, issuing a formal warning or censure, or in more severe cases, recommending removal from office.
