A tribunal chaired by Court of Appeal Judge Patrick Kiage has dismissed all the allegations levelled against Justice Kullow and recommended his reinstatement to the Environment and Land Court.

Justice Kullow faced a total of 13 allegations against him including delay in delivery of rulings and judgements, failure to give reasons for the delay and failing to respond to the Chief Justice’s correspondence.

While the Kiage-led tribunal acknowledged delays in some rulings by Justice Kullow, it found that the accused offered reasonable and justified explanations, thereby concluding that they did not constitute gross misconduct.

Other allegations were retaining a court file thus denying a party the right to lodge an appeal against a ruling, delivering rulings and judgments without issuing notices, and incompetence.

“After considering all evidence tendered and the applicable law, the Tribunal finds that the thirteen allegations have not been established to the required extent,” the tribunal stated in a letter presented to President Ruto on Monday.

“In accordance with Article 168(7)(b) of the Constitution, we therefore recommend to Your Excellency that the Honourable Mr. Justice Mohammed Noor Kullow be reinstated to the Office of Judge of the Environment and Land Court,” it proposed.

The tribunal observed that Justice Kullow's conduct did not violate the Judicial Service (Code of Conduct and Ethics) Regulations 2020 and did not meet the threshold of gross misconduct, contrary to Article 168(1)(b) and (e) of the Constitution.

President Ruto lauded tribunal for doing its work efficiently and within the stipulated time. Dr. Ruto suspended Justice Kullow on March 8, last year together with four others following the JSC’s recommendation and gazetted a tribunal to investigate him.

Justice Kullow was facing accusations of delays or failure to deliver rulings or judgments in a total of 116 cases.

"Our country is guided by the rule of law. Everyone's interests are protected by the rule of law," said Dr. Ruto.

“The Commission was satisfied that three out of the five petitions, as well as the proceedings initiated by the Commission, disclosed grounds for his removal from office over gross misconduct, incompetence, and violation of the Judicial Service Code of Conduct,” Chief Justice Martha Koome stated, adding that “two petitions were dismissed for failing to disclose sufficient grounds for removal.” 

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