Tribunal clears Justice Mohammed Kullow of misconduct, recommends reinstatement
The tribunal has recommended his reinstatement to the Environment and Land Court.
The tribunal investigating Justice Mohammed Noor Kullow has cleared him of all allegations of gross misconduct, which included accusations of violating the Constitution and the Judicial Service Code of Conduct.
In a letter dated February 3, 2025, and addressed to President William Ruto, the tribunal has recommended his reinstatement to the Environment and Land Court.
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This comes after President Ruto established the tribunal through Kenya Gazette Notice No. 2536 of March 8, 2024, to inquire into Justice Kullow’s conduct.
Chief Justice Martha Koome had noted that after considering the petitions and conducting its proceedings, it found grounds to remove Justice Mohammed from office for inordinately delaying or failing to deliver rulings or judgements on a total of 116 matters.
A panel chaired by Justice Patrick Omwenga Kiage was constituted to probe the cases and included Justices Margaret Njoki Mwangi and Anthony Charo Mrima, along with senior legal experts. Its mandate was to examine four petitions submitted by the Judicial Service Commission (JSC) seeking Justice Kullow’s removal from office.
President William Ruto receives the report of the tribunal investigating Justice Mohammed Noor Kullow at State House Nairobi on February 3, 2025. (Photo: PCS)
During its proceedings, the tribunal reviewed 13 allegations against the judge, but after considering all the evidence presented, it found that none met the required threshold for misconduct.
“From the consideration of all evidence tendered and the applicable law, the Tribunal finds that the 13 allegations have not been established to the required extent,” the panel said in the letter. The panel was again reconstituted on October 9, 2024, under Gazette Notice No. 13169 and included key tribunal members, including the appointment of Dorcas Agik Oduor as Attorney General and Justice Mrima’s election to the JSC.
The new members included Justice Cecilia Wathaiya Githua, Emmanuel Bitta, and Caroline Jerono Kibiwott.
After completing its inquiry, the tribunal said it reached a unanimous decision to recommend Justice Kullow’s reinstatement.
“Your Excellency, having found as above concerning the allegations against the Hon. Judge, the Tribunal unanimously recommends, therefore, that the Hon. Justice Mohammed Noor Kullow, Judge of the Environment and Land Court, ought to be reinstated to the office of judge of the Environment and Land Court,” reads the letter.
The tribunal has since submitted its findings to the president, for the next step.
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