Written By Lisa Murimi
A tribunal appointed to investigate suspended Environment and Lands Court Judge Mohamed Noor Kullow has cleared him of all misconduct allegations and recommended his reinstatement.
The tribunal, chaired by Court of Appeal Judge Patrick Kiage, was established by President William Ruto through a Gazette Notice dated March 8, 2024.
It found that none of the allegations against Justice Kullow met the required threshold for misconduct or incompetence.
In its report, submitted to President Ruto at State House on Monday, the tribunal dismissed all petitions filed by the Judicial Service Commission (JSC). The JSC had initially recommended Justice Kullow’s suspension over claims of gross misconduct, incompetence, and violations of judicial ethics.
After reviewing evidence, the tribunal ruled that delays in delivering rulings were justified and did not amount to incompetence.
It also found that Justice Kullow had not issued conflicting orders, as alleged, and that his conduct did not breach the Judicial Service Code of Conduct and Ethics Regulations, 2020.
The tribunal emphasized the importance of protecting judicial independence, stating that judges should only face removal in extreme cases of proven misconduct. It further noted that Justice Kullow had been recognized within the judiciary for his efficiency in handling cases.
With this ruling, Justice Kullow is expected to resume his duties at the Environment and Lands Court.
Pointing out that Kenya will continue to be a country guided by the rule of law, the President said all citizens are protected by the Constitution.
“Our country is guided by the rule of law. Everyone’s interests are protected by the rule of law,” he said.
He said Kenya is proud of its democratic ideals, adding that all citizens are subject to the Constitution and the law irrespective of their status.
He assured the tribunal that the recommendations it had made would be implemented.
