Justice Ombija sues vetting board for declaring him unsuitable to continue serving

High Court Judge Nicholas Ombija has sued the Judges and Magistrates Vetting Board for it’s decision to declare him unsuitable to continue serving as a judge despite tabling his resignation letter.

He says the Sharad Rao-led board has no jurisdiction to vet him, since he had offered to retire.

He wants the High Court to quash the vetting board’s decision, claiming it will expose him to ridicule, hatred and contempt.

He also claims he will suffer public embarrassment and the said determination will discredit his reputation.

Last week, the board said the Judge will still be grilled saying it does not recognize his resignation letter as it was addressed to the board instead of his employer, the Judicial Service Commission (JSC).

In his retirement letter, Justice Ombija quoted the Vetting of Judges and Magistrates’ Act, which gives Judges the option of either being vetted or retiring from office.

Justice Ombija was found unfit to hold office in 2012 by the board due to his temperament. However, he continued serving as a Judge as he awaited the vetting board’s decision.

Ombija was to undergo fresh vetting after the Supreme Court ruled in favour of the Judges and Magistrates Vetting Board in a judgement made in November last year.

The vetting board had filed a petition challenging a ruling by the Appellate Court which prevented it from vetting Justice Ombija afresh.

In October 2015, the court had stopped the fresh vetting of the Judge after he protested the process terming it malicious.