In a statement released by Chief Justice Martha Koome on March 6, the Judicial Service Commission (JSC) acknowledged receiving five petitions on various dates calling for the removal of Justice Mohammed Noor Kullow from the position of Judge of the Environment and Land Court. The petitions alleged violations of the Constitution of Kenya 2010 and the Judicial Service Code of Conduct. Additionally, following multiple complaints, the JSC initiated removal proceedings on May 31, 2023, accusing Justice Kullow of unduly delaying or failing to deliver rulings or judgments in 116 matters. The commission, satisfied with the grounds presented, appointed a panel to consider the petitions, with the panel submitting its reports on February 22, 2024.
The JSC found three out of the five petitions, as well as the proceedings initiated by the commission, to have sufficient grounds for the removal of Justice Kullow. The grounds included gross misconduct, incompetence, and violation of the Judicial Service Code of Conduct. Two petitions were dismissed due to insufficient grounds. The JSC has requested President William Ruto to appoint a tribunal in accordance with Article 168 (4) & (5) of the Constitution. The commission has also decided to dismiss Patrick Wambugu, a Principal Magistrate, from service for gross misconduct. Wambugu faced accusations of irregularly altering bond terms, leading to the release of an accused person charged with the defilement of a six-year-old minor, who subsequently jumped bail.
Since January 2023, the JSC has received a total of 85 petitions and complaints against judges. Of these, 37 were dismissed on various grounds, including merits and decisional independence. Thirty petitions are pending preliminary evaluation, 11 await responses from judges, three have been admitted for hearing, and four have been forwarded to President Ruto for the appointment of a tribunal. During the same period, the commission received four disciplinary cases against judicial officers. One judicial officer was dismissed from service, one disciplinary case was dismissed due to insufficient evidence, and two cases are ongoing. The JSC reaffirms its commitment to upholding integrity and accountability in the Judiciary, pledging to fulfill its mandate in line with the Constitution and the law.
