Tribunal clears Justice Kullow of misconduct, recommends reinstatement

A tribunal investigating Justice Mohammed Noor Kullow has cleared him of misconduct and recommended his reinstatement to the Environment and Land Court.

The tribunal, chaired by Justice Patrick Omwenga Kiage, was formed following petitions accusing Kullow of incompetence, misconduct and breaching judicial conduct regulations.

On March 24, 2024, Chief Justice Martha Koome oversaw the swearing-in of the 12-member tribunal, tasked with addressing four petitions seeking Kullow's removal from office.

The Judicial Service Commission (JSC) had presented the petitions to President William Ruto, asserting constitutional grounds for his removal.

Acting under Article 168(5)(b) of the Constitution and Section 31 of the Judicial Service Act, 2011, the President appointed the tribunal.

The allegations against Kullow included delays in delivering rulings and judgments, failure to provide reasons for such delays and failure to respond to the Chief Justice’s correspondence.

Other claims included retaining a court file, thus denying a party the right to appeal, delivering rulings without issuing notices and overall incompetence.

Kullow defended himself, attributing delays to a heavy workload and administrative challenges.

After hearing testimony from 17 witnesses and reviewing written submissions, the tribunal found that none of the allegations met the required threshold for removal.

“The tribunal finds that the allegations have not been established to the required extent,” said Kiage.

“We unanimously recommend that Justice Kullow be reinstated.”

Kullow had been suspended amid the allegations, preventing him from discharging judicial duties.

The tribunal’s report has been submitted to the President for further action.