Vetting team faulted for giving verdict on judge after he quit
Court of Appeal Judge Sankale ole Kantai on September 30, 2016 delivers a ruling that the law does not allow the Judges and Magistrates Vetting Board to vet non-judges and non-magistrates. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP
What you need to know:
- Appellate judges Nambuye, Kariuki and Mohamed said this was unlawful as the law provides that the verdict has to be given by a full board comprising nine members.
The Court of Appeal has described as unlawful a decision by the Judges and Magistrates Vetting Board to declare a judge who had already resigned from the Judiciary unfit to hold office.
Appellate judges Roselyn Nambuye, GBM Kariuki and Jamilla Mohamed said since High Court judge Nicholas Ombija had opted to resign from the judicial service, the board lacked jurisdiction to vet him.
They said the law does not allow the board to vet non-judges and non-magistrates.
The three said the law has a provision that shows that a “judge could elect whether to be subjected to the vetting or to leave the judicial service voluntarily”.
The judgment was read on their behalf by Court of Appeal judge Kantai ole Sankale.
Justice Ombija had, through his lawyer Rogers Sagana, appeared before the panel on March 15, and opted to resign from the judicial service.
He, therefore, saw no need to respond to accusations against him before the board. His lawyer then proceeded to withdraw the response to the charges.
The verdict against Justice Ombija was made by only three members of the board.
Appellate judges Nambuye, Kariuki and Mohamed said this was unlawful as the law provides that the verdict has to be given by a full board comprising nine members.
