A tribunal appointed to investigate allegations against suspended Environment and Lands Court Judge Mohamed Kullow has cleared him of all charges and recommended his reinstatement. The tribunal, led by Justice Patrick Kiage, was formed by President William Ruto through a Gazette Notice dated March 8, 2024.
After an extensive review of evidence and submissions, the tribunal dismissed all petitions filed by the Judicial Service Commission (JSC), which had initially recommended Justice Kullow’s suspension. The tribunal’s findings, submitted to President Ruto at State House on Monday, indicated that none of the allegations met the required threshold for misconduct.
“From the consideration of all evidence tendered and the applicable law, the tribunal finds that the 13 allegations have not been established to the required extent,” the report stated. “The tribunal unanimously recommends that the Hon. Justice Mohammed Noor Kullow, Judge of the Environment and Land Court, ought to be reinstated to the office of judge of the Environment and Land Court.”
The JSC, chaired by Chief Justice Martha Koome, had initially petitioned President Ruto, asserting that constitutional grounds for removal had been met. Following this, the President, as per Article 168(5)(b) of the Constitution and Section 31 of the Judicial Service Act, 2011, appointed the tribunal to probe the claims.
According to Article 168(5) of the Constitution, the President is required to suspend a judge within 14 days of receiving a petition from the JSC. The tribunal, initially constituted in March 2024, was restructured in October 2024 to include Attorney General Dorcas Oduor alongside other members such as Justices Margaret Njoki Mwangi and Anthony Charo Mrima, as well as Jinaro Kipkemoi, Wanjiru Mwariri, Rukia Abdinasir Mohamed, and Charles Mulila.
Justice Kullow was appointed to the Environment and Land Court in 2016 and has presided over numerous cases concerning land disputes and environmental matters. His suspension had raised significant debate within judicial and legal circles, with many questioning the evidentiary basis of the allegations against him.
The tribunal’s recommendation for reinstatement now places the final decision in President Ruto’s hands. If reinstated, Justice Kullow will resume his duties in the Environment and Land Court, marking the conclusion of a prolonged legal battle that tested the judicial disciplinary process in Kenya.
The decision is expected to have broader implications for judicial accountability and independence in the country, as it highlights the necessity of thorough scrutiny before judges are suspended or removed from office.
