Magistrates board chair Rao faults Justice Ombija for resigning

The Chairman of Judges and Magistrates Vetting Board Sharad Rao has hit out at Justice Nicholas Ombija over his decision to resign.

Rao stated that Justice Ombija’s resignation did not adhere to laid down procedure saying he should have presented the letter to the board before taking it to court.

Ombija, who was supposed to appear in court on March 15th, opted to send his counsel to present his resignation letter, a decision that does not auger well with the Sharad Rao-led board.

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 temper. 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 ruling 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.

The board had said it would repeat the process after fresh complaints were lodged against the Judge.

@benjaminwafula