The Judicial Service Commission (JSC) is under scrutiny for allegedly protecting a judge accused of professional misconduct.
A Nakuru-based lawyer issued a 30-day ultimatum for the JSC to issue a decision on his client’s complaint that was heard over a year ago.
In his June 2 letter to the JSC, Mr Bernhard Kipkoech Ngetich claims that it had delayed justice for his client by failing to issue its verdict on the complaint made against Justice Mohamed Kullow, a judge of the Environment and Land Court in Narok.
Mr Kipkoech says that Justice Kullow issued an ex parte mandatory demolition order on December 20, 2017.
The order led to the destruction of investments worth millions of shillings belonging to Mr Kipkoech’s client.
He said the action led to the death of a director working for his client, who he said suffered anguish and trauma.
The judge is said to have proceeded to dismiss subsequent review proceedings in 2017 before the case file disappeared in unclear circumstances two years later.
This is what prompted Mr Kipkoech to lodge the complaint on behalf of his client on August 20, 2019.
A panel conducted a hearing, which was concluded on January 29, 2021.
But the lawyer laments that no decision has been made and that his client is apprehensive that he may never get justice.
“Our client is apprehensive that some judicial officers in the JSC have harangued the other members unto clearing the respondent while hankering to protect their own at whatever cost but the others have refused to rest their guard,” stated Mr Kipkoech.
The lawyer has given the JSC 30 days to deliver the verdict or his client will take another action.
“Our succinct instructions are to request the JSC to communicate its verdict within the next 30 days from the date of this letter. Absent such communication we have crisp instructions to engage the necessary machinery to have in place a responsive, efficient and effective JSC,” he said in the letter.