Rédaction Africa Links 24 with DAVIS AYEGA
Published on 2024-03-06 11:49:19
The Judicial Service Commission (JSC) in Kenya has identified four judges for their questionable conduct, prompting the Commission to submit four petitions to President William Ruto to establish a tribunal to investigate their behavior. Chief Justice Martha Koome, who leads the Commission, revealed that the four petitions were a result of 85 complaints submitted to the Commission. Among the judges slated to appear before the tribunal are Environment and Land Court Judge Justice Mohammed Noor Kullow and Principal Magistrate Patrick Wambugu.
Justice Kullow is accused of delaying or failing to deliver rulings or judgments in a total of 116 cases, with five petitions calling for his removal. The Commission found grounds for his removal over gross misconduct, incompetence, and violation of the Judicial Service Code of Conduct. Principal Wambugu, on the other hand, is accused of irregularly modifying bond conditions, resulting in the release of an individual charged with defiling a minor who has since absconded bail.
Out of the 85 complaints filed with the JSC, 37 were dismissed due to reliance on the merits or judicial independence of a judge. The Commission is currently evaluating 30 cases, awaiting responses from judges in 11 instances, and has accepted three petitions for further hearings. Article 168(1) of the Constitution outlines the grounds for the removal of a judge, including inability to perform office functions due to mental or physical incapacity, bankruptcy, breach of the code of conduct, incompetence, and gross misconduct or misbehavior.
Once the tribunal is established, it will conduct hearings, gather evidence, and submit recommendations to the President who will decide whether to dismiss or reinstate the judge based on the tribunal’s findings.
The Commission is taking these allegations seriously and following due process to address concerns around judicial conduct in Kenya. The integrity and independence of the judiciary are essential for upholding the rule of law and ensuring justice for all citizens. It is crucial for judges to uphold ethical standards and demonstrate competence in their roles to maintain public trust in the justice system.
In conclusion, the JSC’s actions highlight the commitment to accountability within the judiciary and the importance of upholding ethical standards in the legal profession. By addressing concerns of misconduct and incompetence, the Commission is working to ensure that the judiciary operates with integrity and fairness, serving the interests of all Kenyan citizens.
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