Editor's Review

“The Commission has Petitioned His Excellency the President to appoint a tribunal in accordance with Article 168 (4) & (5) of the Constitution." 

The Judicial Service Commission (JSC) has submitted a petition to President William Ruto to set up a tribunal to remove Environment and Land Court Judge Mohamed Noor Kullow.

In a statement on Wednesday, March 6, Chief Justice Martha Koome said the commission received a total of five petitions for the removal of Justice Kullow for alleged violations of the Constitution of Kenya 2010 and the Judicial Service Code of Conduct.

According to CJ Koome, the JSC appointed a panel to consider the petitions against the Judge as provided under the Judicial Service Act No. 1 of 2011 and found sufficient grounds for the removal of Justice Kullow in three of the five petitions

“The Commission was 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. Two Petitions were dismissed for failure to disclose sufficient grounds for removal.

“The Commission has Petitioned His Excellency the President to appoint a tribunal in accordance with Article 168 (4) & (5) of the Constitution,” read the statement in part.

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File image of CJ Martha Koome. 

At the same time, JSC announced it has resolved to dismiss Principal Magistrate Patrick Wambugu 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.

Further, JSC mentioned that it has received 85 complaints against Judges from the public since January 2023.

“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 Hon. 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,” JSC added.