GAZETTE NOTICE NO. 2536

WHEREAS the Judicial Service Commission has submitted to the President four (4) petitions recommending the removal from office of the Hon. Mr. Justice Mohammed Noor Kullow, Judge of the Environment and Land Court, under the provisions of Article 168 of the Constitution; Whereas the four petitions allege incompetence, gross misconduct, violation of the Constitution, and breach of the Judicial Service (Code of Conduct and Ethics) Regulations, 2020 regarding acts that allegedly disclose grounds for the removal from office in line with Article 168 of the Constitution as read with Articles 10, 73 (1) (a), (b), 75 (1) and (2) and 159(2) of the Constitution of Kenya. Whereas the petitions are premised on the manner in which the Honourable Judge handled one hundred and sixteen (116) matters during the time he served at Narok Law Courts, in that it is alleged that he occasioned delay and failed to deliver a specified number of judgments and rulings; Whereas the petitions have been submitted to the Head of State and Government, further to the findings of the Judicial Service Commission that the constitutional grounds for the removal of the Hon. Judge under Articles 168 (1) (b), (d) and (e) of the Constitution have been met; and Whereas Article 168 (5) of the Constitution requires that upon receiving such petitions from the Judicial Service Commission the President shall suspend the Judge from office and thereafter appoint a tribunal to inquire into the matter. NOW therefore, having received and considered the four petitions submitted by the Judicial Service Commission, and in exercise of the powers conferred by Article 168 (5) (b) of the Constitution of Kenya, as read together with Section 31 of the Judicial Service Act, 2011; I, William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Defence Forces, do direct as follows: (a) The Hon. Mr. Justice Mohammed Noor Kullow, Judge of the Environment and Land Court, be and is suspended from office with immediate effect; (b) A Tribunal to inquire into the matter be and is appointed, and is constituted as follows: Hon. Justice Patrick Omwenga Kiage—Chairperson Members: Hon. Lady Justice Margaret Njoki Mwangi, Hon. Justice Anthony Charo Mrima, Jinaro Kipkemoi Kibet, SC, Wanjiru Mwariri, Rukia Abdinasir Mohamed, Charles Mulila. Lead Counsel: Dorcas Agik Oduor, SC Joint Secretaries: Jasper M. Mbiuki, Collins K. Kiprono. Assisting Counsels: Emmanuel Omondi Bitta, Georgiadis Majimbo, (c) The mandate of the Tribunal shall be to— (i) consider the four petitions for the removal of. Hon. Justice Mohammed Noor Kullow from office; and (ii) inquire into the conduct of the Hon. Judge in terms of the particulars set out in the petitions and to determine whether the allegations therein constitute breach of the provisions of Article 168 of the Constitution, as read with Articles 10, 73 (1) (a), (b), 75 (1) and (2) and 159 (2) of the Constitution. (d) In the discharge of its functions, the Tribunal shall— (i) expeditiously prepare and submit a report and its recommendations thereon; and (ii) exercise all the powers conferred upon it by law for the proper execution of its mandate. Dated the 8th March, 2024. WILLIAM SAMOEI RUTO, President.