JSC Petitions President Ruto To Form A Tribunal To Remove Justice Noor Kullow

NAIROBI, Kenya. March 6 –

. JSC has also dismissed Principal Magistrate Patrick Wambugu, for irregularly altering bond terms and releasing a suspect who defiled a 6-year-old minor. The accused has since jumped bail

The Judicial Service Commission (JSC) has petitioned President William Ruto to form a tribunal to investigate Justice Mohammed Noor Kullow after finding that there were sufficient grounds for his removal from office.

Justice Kullow has been accused of inordinately delaying or failing to deliver rulings or judgements in a total of 116 matters.

The JSC chairperson and Chief Justice Martha Koome on Wednesday March 6 said they were satisfied that 3 out of the 5 Petitions as well as the proceedings at the Commission’s own motion had disclosed grounds for the removal of Hon. Justice Kullow from office over gross misconduct; incompetence and violation of the Judicial Service Code of Conduct.

The JSC 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.

The Commission on diverse dates received a total of 5 (five) Petitions for the removal of Justice Kullow from office as Judge of the Environment and Land Court for alleged violations of the Constitution and the Judicial Code of Conduct.

“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,” the Chief Justice said.

The panel appointed to consider the petitions presented its report on February 22, 2024 and which JSC said had disclosed grounds for removal of the Judge.

Two Petitions were however dismissed for failure to disclose sufficient grounds for removal.

The JSC has petitioned the President to appoint a tribunal in accordance with Article 168 (4) of the Constitution.

Under Article 168 (5) of the Constitution, the President upon receiving the petition, should, within 14 days suspend the judge from office and, acting in accordance with the recommendation of the JSC, appoint a tribunal.

The JSC has also dismissed Patrick Wambugu, a Principal Magistrate, from service for gross misconduct. 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.

Since January this year to date, the JSC has received 85 petitions/complaints against various Judges. A total of 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; 11 are awaiting responses from the 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.

In the same period, the Commission received 4 disciplinary cases against Judicial Officers from the Office of the Chief Justice. Upon consideration, the Commission dismissed 1 judicial officer from service; dismissed 1 disciplinary case for insufficient evidence while 2 of the cases are ongoing.