A judge who twice lost a bid to stop the vetting Board from subjecting him to fresh scrutiny has opted for early retirement, the Star has learnt.
High Court judge Nicholas Ombija yesterday sent a letter to the Judges and Magistrates’ Vetting Board chairman Sharad Rao and his employer the Judiciary, indicating that he has opted to go home immediately.
This means the Board cannot look into fresh allegations against him.
In his letter of retirement, Justice Ombija quoted the Vetting of Judges and Magistrates’ Act, which gives judges the option of either facing scrutiny or retiring from office.
Judge Ombija was found unfit to hold office in 2012 by the Board. He was found unfit to continue being a judge because of defects in his temperament. However, he continued serving as a judge as he appealed the vetting decision.
On September 18, 2015, the Board directed it needed him to answer to fresh allegations.
Aggrieved by this, he moved to the High Court, but he lost the case when Judge Joseph Onguto agreed with the Board and threw out his petition.
The loss at the High Court prompted Judge Ombija to approach the Court of Appeal.
He told the court that the Board has no authority under the constitution or any other law to receive fresh complaints after he was vetted and found fit to serve. He said the fresh vetting was in violation of the Bill of Rights and the court had no jurisdiction to uphold and enforce such a breach.
The Court of Appeal, in its ruling on December 16, 2015, said that the Board's attempt to subject Justice Ombija to fresh vetting was in bad faith. It ruled in his favour, which forced the Board to take the matter to the Supreme Court.
The Supreme Court judges, led by Chief Justice Willy Mutunga, ruled in favour of the Board, directing that the repeat vetting process be conducted without delay.
The other judges on the Supreme Court Bench that handled the matter were Deputy Chief Justice Kalpana Rawal, Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.
The court further directed that the vetting proceed on a daily basis, until it is concluded by March 31, as a way of ensuring that Justice Ombija’s right to a just, prompt and fair hearing is protected.
The vetting process was limited to matters arising up to August 27, 2010.