- Koome says judge Mohammed Noor Kullow was indicted after five petitions and complaints for his removal got filed by the public.
- The JSC also on its own motion, decided to start proceedings to remove Kullow “for inordinately delaying or failing to deliver rulings or judgements in 116 matters.”
An Environment and Lands court judge faces ouster from the bench after Judicial Service Commission petitioned President William Ruto to empanel a tribunal to investigate him.
The commission chairperson and Chief Justice Martha Koome said on Wednesday that Migori-based judge Mohammed Noor Kullow was indicted after five petitions and complaints for his removal got filed by the public.
The JSC also on its own motion, decided to start proceedings to remove Kullow “for inordinately delaying or failing to deliver rulings or judgements in 116 matters.”
“The commission on diverse dates received five petitions for the removal of 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,” the statement said.
“In addition, upon receipt of several complaints, the JSC on May 31, 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 116 matters.”
Consequently, the commission appointed a panel to consider the petitions, and the lot gave its reports to the commission on February 22, 2024.
“The commission was satisfied that three out of the five petitions as well as the proceedings at the commission’s own motion had disclosed grounds for the removal of 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.
The commission is mandated under Article 168(2) of the constitution to initiate the process of removal of a judge from office either acting on its own motion, or on the petition of any person.
At the same time, the commission disclosed that it had sacked a principal magistrate for irregularly altering bond terms for a rape suspect who then got freed from custody and has now jumped bail.
“In the discharge of its disciplinary mandate over judicial officers and staff under Article 172 (2) (c) of the constitution, the commission resolved to dismiss Principal Magistrate Patrick Wambugu from service for gross misconduct,” the commission said.
“…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. The accused person has since jumped bail.”
The CJ said since January last year, it has received 85 petitions to remove various judges which are in different stages of processing.
And as part of the commission's promise mid January this year to give periodic update on the disciplinary cases against judges and magistrates it was handling, the CJ said the cases were being expedited.
Of the 85, 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 while 11 are awaiting responses from the judges concerned.
Three petitions have been advanced for full hearing by the commission, meaning the affected judges will be called to defend themselves against ouster.
Four petitions have been forwarded to the President for appointment of a tribunal.
“In the same period, the commission received four disciplinary cases against judicial officers from the Office of the Chief Justice, it said, adding that “upon consideration, the commission dismissed one judicial officer from service.”
Claims against the four was dismissed due to insufficient evidence while the remaining two are still ongoing.