Migori based judge Mohammed Noor Kullow is facing removal over allegations of gross misconduct.
Noor who serves at the Environment and Land Court removal is underway as The Judicial Service Commission (JSC) on Wednesday, March 6, announced that the process has already commenced.
The judge is also facing accusations of violation of the Judicial Service Code of Conduct.
In a statement on Wednesday, Chief Justice Martha Koome said the Judicial Service Commission on diverse dates received a total of five petitions for his removal with three having sufficient grounds for removal.
” Upon receipt of several complaints, the JSC on 31st May 2023 resolved on its own motion, 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,” a statement from JSC read in part.
The grounds included; gross misconduct, incompetence and violation of the Judicial Service Code of Conduct with two of the petitions dismissed for failure to meet the threshold for removal.
“Two petitions were dismissed for failure to disclose sufficient grounds for removal.”
The Judicial Service Commission has however petitioned His Excellency the President, William Ruto, to appoint a tribunal in accordance with the Constitution to look into the matter.
“The tribunal will inquire into the matter expeditiously and report on the facts and make binding recommendations to the President,” the Constitution mandates.
President William Ruto will suspend the judge within 14 days after receiving the petition from JSC and acting in accordance with the recommendation of the Judicial Service Commission.
Koome further stated the Commission has since January 2023 received 85 petitions against judges with 37 of them dismissed on grounds that they were based on the merits or decisional independence of a judge.
According to Koome, remaining 30 are pending preliminary evaluation before the Commission, and 11 are awaiting responses from the judges concerned.
“Three petitions have been admitted for hearing and petitions have been forwarded to His Excellency the President for appointment of a tribunal,” Koome said.