Justice Nicholas Ombija Lawyer Rodgers Sagana at Milimani law courts after court directed the main petition to be heard on 19 of October of a suit in which the judge is seeking to block move by the Judges and Magistrates vetting board to vet him fresh saying its violation of his constitutional rights.
Judges and Magistrates vetting board argue that the high court does not have jurisdiction to a suit filed by the high court judge Nicholas Ombija challenging the board decision to vet him afresh.
The vetting board has filed a replying affidavit in response to the objection by Justice Nicholas Ombija to vet him afresh.
The board says that Justice Ombija willingly opted to be vetted and did not raise any objection to being subjected to vetting during the main interview and review hearing.
In the affidavit the board says that the earlier vetting and determination for the judges was declared null and void and when the proceedings are null and void it is necessary to start the process afresh.
The board further said that the high court does not have jurisdiction to determine this matter and the board shall at the hearing raise a preliminary objection.
That unless Ombija is vetted he remains subject to the board’s jurisdiction and that the board has no any other business other than fulfill its constitutional mandate and complete the process on the 31st of December 2015.
High court has extended orders seeking to block fresh vetting against, Justice Nicholas Ombija regarding the alleged complaints received by the tribunal on June 11, 2013.
Justice Oguto extended the orders against the Vetting Board (JMVB) pending the hearing of the main petition on the 19 of October.
High court had earlier halted fresh vetting of Judge Nicholas Ombija, Justice Mumbi Ngugi issued the orders against the Judges and Magistrates Vetting Board (JMVB) from interrogating the judge.
Lawyer Rodgers Sagana told the court that the Judge was aggrieved by a notice sent to him on September 18 giving him 10 days to respond to the allegations made against him to facilitate fresh vetting.
The deadline to submit his reply lapses on Monday 28 .The tribunal, chaired by veteran lawyer Sharad Rao, had made a determination on Justice Ombija’s suitability on September 12, 2012 and cleared him on December 21, 2012 after several complainants failed to appear.
He now says that to entertain the complainants was discriminatory and a violation of his constitutional rights.
The board has ordered for a new panel to be constituted to grill Justice Ombija after Rao and Roselyne Odede-both lawyers- disqualified themselves.
“There are no chances that the vetting panel will be legally constituted or that Justice Ombija will be heard by an impartial body as provided for under Article 50 (1) of the Constitution,” the petition says.
Justice Ombija says the illegal procedure adopted by the tribunal to allow fresh complaints was deliberate and threatened to violate his constitutional rights. Once the body had determinate his suitability, it had no power to vet him afresh, he argues.
The judge directed that petition be heard on September 30 after the tribunal has been served with the court documents.
Other judges whose vetting has already been declared null and void include Kadhar Ibrahim,Roselyn Naliaka Nambuye and justice Abida Ali Aroni after their reviews were quashed which led the board to order a fresh vetting process.
The matter will be heard on the 19 of October for further directions.