JSC Initiates Process to Remove High Court Judge
On Wednesday, March 6, the Judicial Service Commission (JSC) declared the commencement of proceedings to oust Justice Mohammed Noor Kullow.
This came after the commission received five petitions alleging that the Judge, who presides over the Environment and Land Court, had breached both the Constitution and the Judicial Service Code of Conduct.
As per the announcement from the Commission led by Chief Justice Martha Koome, three of the five submitted petitions had valid reasons for dismissal.
The allegations encompassed serious wrongdoing, lack of proficiency, and breach of the Judicial Service Code of Conduct. Two of the complaints were rejected due to a failure to provide adequate reasons for removal.
“In addition, upon receipt of several complaints, the JSC on 31st May 2023 resolved on its 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,” a statement from JSC read in part.
“The Commission has Petitioned His Excellency the President, William Ruto, to appoint a tribunal by the Constitution.”
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Within 14 days of receiving the petition from the Judicial Service Commission (JSC), President William Ruto is set to temporarily suspend the judge. Subsequently, he will proceed to appoint a tribunal based on the recommendations of the Judicial Service Commission to investigate the reasons for the judge’s potential 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, in fulfilling its disciplinary responsibility, expelled Principal Magistrate Patrick Wambugu from service.
Magistrate Wambugu faced allegations of modifying the conditions of bail, leading to the release of a suspect who subsequently evaded bail.
On January 15, JSC declared its intention to release regular reports to the public detailing the quantity and status of received complaints and petitions.
“JSC has received 85 petitions/complaints against Judges. A total of 37 were dismissed because they were based on the merits or decisional independence of a Judge,” JSC provided an update regarding 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.”
JSC Initiates Process to Remove High Court Judge