The Judicial Service Commission (JSC) on Wednesday, March 6, announced that the process to remove Justice Mohammed Noor Kullow had been initiated.
This followed five petitions filed before the commission that accused the Judge who serves at the Environment and Land Court of violating the Constitution and Judicial Service Code of Conduct.
According to a statement from the Chief Justice Martha Koome-led Commission, three out of the five filed petitions had sufficient grounds for removal.
The grounds included; gross misconduct, incompetence and violation of the Judicial Service Code of Conduct with two of the petitions 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 judgements in a total of 116 matters,” a 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.”
President William Ruto will suspend the judge within 14 days after receiving the petition from JSC and acting in accordance with the recommendation of the Judicial Service Commission, appoint a tribunal to investigate the grounds for removal.
"The tribunal will inquire into the matter expeditiously and report on the facts and make binding recommendations to the President," the Constitution mandates.
The JSC further in the discharge of its disciplinary mandate, dismissed Principal Magistrate Patrick Wambugu.
Magistrate Wambugu was accused of altering bond terms that resulted in the release of a suspect who has since jumped bail.
On January 15, JSC announced that it would be providing to the public periodic reports on the number and status of complaints and petitions received.
"JSC has received 85 petitions/complaints against Judges. A total of 37 were dismissed on the grounds that they were based on the merits or decisional independence of a Judge," JSC provided an update in regard to the January commitment.
"Of the remaining petitions, 30 are pending preliminary evaluation before the Commission; 11 are awaiting responses from 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."
