A tribunal formed to investigate the conduct of High Court Judge Justice Mohammed Noor Kullow has finally reached a recommendation.
In a letter of transmittal to President William Ruto on February 3, the tribunal chair Justice Patrick Omwenga Kiage revealed that the tribunal had investigated the claims made against the judge and exonerated him.
“Pursuant to Article 168(7) of the Constitution and Gazette Notice No. 2536, the Tribunal has completed its inquiry,” part of the statement read.
“From the consideration of all evidence tendered and the applicable law, the Tribunal finds that the thirteen allegations have not been established to the required extent.”
The Judiciary Service Commission had launched an investigation against Justice Kullow following five petitions that accused the Environment and Lands Court judge of, among others, violating the Constitution and Judicial Service Code of Conduct.
As a result of this ruling, the 12-member tribunal further recommended that Justice Kullow be reinstated in his former position in the Lands and Environment Court.
“Your Excellency, having found as above concerning the allegations against the Hon. Judge, the Tribunal unanimously recommends, therefore that the Hon. Mr. Justice Mohammed Noor Kullow, Judge of the Environment and Land Court, ought to be reinstated to the office of Judge of the Environment and Land Court," the statement declared.
On March 6, 2024, JSC announced that the process to remove Justice Kullow had been initiated through a statement by Chief Justice Martha Koome following
In the statement, she outlined that three of the thirteen allegations made provided sufficient grounds for removal. They included; gross misconduct, incompetence, and violation of the Judicial Service Code of Conduct. Two of the petitions were ultimately dismissed for failure to meet the threshold for removal.
“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 Justice Kullow from office, for inordinately delaying or failing to deliver rulings or judgments in a total of 116 matters,” the statement from JSC read in part.
“The Commission has Petitioned His Excellency the President, William Ruto, to appoint a tribunal in accordance with the Constitution.”
The tribunal was formed by the President on March 8, 2024, but reconstituted on October 8, 2024, following the appointment of Dorcas Oduor, who had been a member of the tribunal, as the Attorney General.
