Another judge fights dismissal

Another appellate judge has appealed against a decision to sack him.

Mr Justice Samuel Riaga Omollo has asked the Judges and Magistrates Vetting Board to review the verdict.

The judge, who was the president of the Court of Appeal, also accused the chairman of the board, Mr Sharad Rao, of making comments that clearly indicated a predetermined outcome of any appeals by the judges.

Justice Omollo says Mr Rao made the comments in an address to members of the Law Society of Kenya a day after announcing the board’s findings.

The judge wrote to the board through lawyer Ochieng Oduol, who is also acting for Mr Justice Samuel Bosire.

Justice Bosire has also sought a review of the verdict.

The board last week declared that the two and their two colleagues — Justice Emmanuel O’Kubasu and Justice Joseph Nyamu — were unfit to continue holding office.

Like Justice Bosire, Justice Omollo complains that the board did not notify him of some complaints within sufficient time as provided for in the Vetting Act.

He accuses the board of failing to include some of the complaints in the notice of complaints dated January 27.

“The judge was ambushed with the complaints at the interview in violation of the mandatory rules of natural justice spelt out in Section 19(4) of the Vetting Act,” said Mr Oduol.

The judge says he was not given a fair opportunity to scrutinise or deal with the complaints and submit a written response.

In its verdict, the nine-member board said Justice Omollo lacks transparency and accused him of political bias and authoritarian demeanour while carrying out his activities on the Bench.

Failed to show impartiality

He also failed to show impartiality during the regime of former President Daniel arap Moi, the board said.

The records of the appeal indicate that Justice Omollo was served with four complaints, one of them that a cheque for Sh27 million was allegedly paid to a Court of Appeal judge, who has since retired, by the Central Bank of Kenya when a case against the bank was pending at the appellate court.

The amount was to be distributed to a number of judges to rule in favour of the bank in all matters before the Court of Appeal. It was alleged that the judge was one of the beneficiaries.

He was also accused of harassing and threatening the litigant in the appeal by the Central Bank of Kenya.

But Justice Omollo argues that the board condemned him unfairly. (READ: Bosire fights to keep his job)