Retired Judge Nicholas Ombija speaking to journalist at his lawyer office while reacting to Judges and Magistrates Vetting Board decision claiming he was unfit to serve in the judiciary on Thursday March 17, 2016
BY THOMAS KARIUKI
Retired Judge Nicholas Ombija has launched an onstraught against his former employer after a decision declaring him unsuitable to serve in the judiciary when he had already voluntarily resigned.
The high court judge says that he stands to “suffer public embarrassment and ridicule” if the decision is allowed to stand.
Before his resignation retired Judge Ombija served in the criminal division of the high court.
Judge Ombija contests that the decision by the Judges and Magistrates vetting board to declare him unfit despite him voluntarily resigning will discredit his reputation making him to be shunned by right thinking members of the society and it will also expose him to hatred, contempt and ridicule.
According to his lawyer, Roger Sagana the judge had voluntarily retired as a judge prior to the scheduled hearing before the Board on March 15 2016, “he did not attend before the Board for re-vetting.”
The lawyer argues that the process by which the suitability of a serving judge or magistrate to continue serving in the Judiciary is determined cannot take place if the Judge retires and does not appear before the Board and therefore a determination which is an outcome to the process cannot be rendered.
The Judges and Magistrates Vetting Board made a purported determination that was served on the judge on March 17 2016, which found him unsuitable to continue serving as a Judge.
He said that the board has no jurisdiction to vet the retired Judge after he has retired voluntarily.
Retired judge asked for an order to quash the determination of unsuitability to continue serving as a Judge by the Vetting of Judges and Magistrates Board pronounced on 17th March, 2016.
He also probed that unless the matter is heard and determined urgently he would suffer great irreparable loss, prejudice and damage.