A judge of the Environment and Land Court is currently facing removal over allegations of gross misconduct and incompetence.
The judge is also facing accusations of violation of the Judicial Service Code of Conduct.
In a statement on Wednesday, Chief Justice Martha Koome said the Judicial Service Commission on diverse dates received a total of five petitions for his removal.
Upon reception, the JSC on May 31, 2023, initiated proceedings against the judge for inordinately delaying or failing to deliver rulings or judgements in a total of 116 matters.
A panel was appointed to consider the said petitions and presented a report to JSC on February 22, 2024.
“The Commission was satisfied that three out of the five petitions as well as the proceedings at the commission’s motion had disclosed grounds for the removal of the judge from office over gross misconduct, incompetence and violation of the Judicial Service Code of Conduct,” Koome said.
“Two petitions were dismissed for failure to disclose sufficient grounds for removal.”
Following the decision, the Chief Justice said the Commission has petitioned President William Ruto to appoint a tribunal in accordance with Article 168 (4) and (5) of the Constitution.
Article 168(5) provides that the president shall, within 14 days after receiving the petition, suspend the judge from office.
He is then required to appoint a tribunal consisting of a chairperson and three other members including one advocate of fifteen years standing and two other persons with experience in public affairs.
Koome further stated the Commission has since January 2023 to date, received 85 petitions/complaints against judges.
Of those, a total of 37 were dismissed on grounds that they were based on the merits or decisional independence of a judge.
Of the remaining, 30 are pending preliminary evaluation before the Commission, and 11 are awaiting responses from the judges concerned.
“Three petitions have been admitted for hearing and petitions have been forwarded to His Excellency the President for appointment of a tribunal,” Koome said.
