JSC recommends removal of High Court Judge Justice Mohammed Noor Kullow

The Judicial Service Commission (JSC) has initiated a process of removing High Court Judge Justice Mohammed Noor Kullow from office over gross misconduct allegations.

In a statement dated March 5, 2024, JSC stated that it had received five petitions seeking the removal of Justice Mohammed Noor from office.

“The Commission on diverse dates received a total of 5 (five) Petitions for the removal of Hon. Mr. 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,” read part of JSC statement.

JSC further explained that on 31st May 2023, it resolved to initiate proceedings for the removal of Justice Kullow from office, for inordinately delaying or failing to deliver rulings or judgements in a total of 116 matters.

Consequently, the Commission appointed a Panel to consider the Petitions as provided under the Judicial Service Act No. 1 of 2011.

The panel presented its Reports to the Commission on 22nd February 2024.

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.

However, two Petitions were dismissed for failure to disclose sufficient grounds for removal.

Meanwhile, the Commission has petitioned President William Ruto to appoint a tribunal to investigate allegations against the Judge in accordance with Article 168 (4) & (5) of the Constitution.

At the same time, in the discharge of its disciplinary mandate over Judicial officers and staff under Article 172 (2) (c) of the Constitution, JSC resolved to dismiss Hon. Mr. Patrick Wambugu, Principal Magistrate from service for gross misconduct.

This was after 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.

In addition, the Commission reported that since January 2023 to date, it has received 85 complaints against Judges.

A total of 37 petitions 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 Judges concerned; 3 petitions have been admitted for hearing; and 4 petitions have been forwarded to 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.