Rédaction Africa Links 24 with CORRESPONDENT
Published on 2024-03-06 13:31:01
The Judicial Service Commission (JSC) in Kenya has initiated an investigation into Environment and Land Court Judge Justice Mohammed Noor Kullow for alleged gross misconduct. Along with three other judges, Justice Kullow’s case has been referred to President William Ruto to form a tribunal and look into their behavior. JSC Chair and Chief Justice Martha Koome sent the four petitions to President Ruto for further action.
Justice Kullow is facing allegations 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 found that three out of the five petitions as well as the proceedings revealed grounds for Justice Kullow’s removal from office due to gross misconduct, incompetence, and violation of the Judicial Service Code of Conduct. Two petitions were dismissed for lack of sufficient grounds for removal.
Article 168(1) of the Constitution specifies the grounds for the removal of a judge, including 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 misbehavior. Once the tribunal is established, it will conduct hearings, gather evidence, and submit its recommendations to the President, who will then decide to either dismiss or reinstate the judge based on the recommendations.
Chief Justice Koome reported that the JSC has received 85 complaints against judges since January 2023. Out of these, 37 were dismissed as they were related to the merits or decisional independence of a judge. Among the remaining petitions, 30 are undergoing preliminary evaluation by the Commission, 11 are awaiting responses from the respective judges, and 3 petitions have been accepted for hearing.
The process of investigating and handling complaints against judges is crucial for upholding the integrity and professionalism of the judiciary. It ensures that judges are held accountable for their actions and decisions, maintaining public trust in the judicial system. The establishment of tribunals to investigate allegations of misconduct or incompetence among judges is an essential part of ensuring the legal system’s effectiveness and fairness.
Overall, the actions taken by the JSC in reviewing complaints and initiating investigations demonstrate a commitment to ensuring that judges uphold the highest standards of conduct and performance. By addressing allegations of misconduct and incompetence promptly and transparently, the judiciary can maintain public confidence and uphold the rule of law in Kenya.
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