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Ruto suspends Justice Mohammed Kullow over gross misconduct

Justice Mohammed Noor Kullow who was suspended over gross misconduct.

By Barack Oduor | Friday, March 8, 2024

He faces accusations of delays or failure to deliver rulings or judgments in a total of 116 cases. Five petitions were filed with the Commission calling for his removal.

President William Ruto has suspended besieged High Court Judge Mohammed Kullow following a request from the Judicial Service Commission to have the judge probed over misconduct.

Ruto in a Gazette Notice suspended Justice Kullow and appointed a tribunal to inquire into his conduct.

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The tribunal formed by the head of state is to be chaired by Appeal Judge Patrick Kiage. Other members of the tribunal include Lady Justice Margaret Njoki, Justice Anthony Mrima, Senior Counsel Kipkemoi Kibet, Rukia Abdunnasir Mohammed, Charles Mulila, Dorcas Oduor, Jasper Mbiuki and Collins Kiprono.

The Gazette Notice dated March 8 directs the tribunal to hand over their report on the recommendations to the president upon completion.

"Inquire into the conduct of the Hon. Judge in terms of particulars set out in the petition and to determine whether the allegations therein constitute a breach of the provisions of Article 168 of the constitution," read part of the notice.

The Judicial Service Commission (JSC) had Wednesday placed Environment and Land Court Judge Justice Mohammed Noor Kullow under scrutiny for alleged gross misconduct.

Justice Kullow is one of four judges whose cases have been referred to President Ruto to form a tribunal and investigate their behaviour. JSC Chair and Chief Justice Martha Koome forwarded the four petitions to Ruto.

Justice Kullow faces accusations of delays or failure to deliver rulings or judgments in a total of 116 cases. Five petitions were filed with the Commission calling for his removal.

"The Commission was satisfied that 3 out of the 5 petitions as well as the proceedings at the Commission's motion had disclosed grounds for his removal from office over gross misconduct; incompetence and violation of the Judicial Service Code of Conduct," Koome said adding that "two Petitions were dismissed for failure to disclose sufficient grounds for removal."

Article 168(1) of the Constitution lays out the specific grounds for removal of a judge, key among them is the inability to perform the functions of office due to mental or physical incapacity, bankruptcy, breach of the code of conduct, incompetence, and gross misconduct or misbehaviour.

Now that the tribunal is established, it will conduct hearings, gather evidence, and submit its recommendations to the President who will in turn accept its recommendation and dismiss the judge or reject the recommendation and reinstate the judge.

According to Chief Justice Koome, the JSC has received 85 complaints against judges since January 2023.