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Nicholas Randa Owano Ombija v. Vetting of Judges and Magistrates Board

(2016) JELR 95803 (CA)

Court of Appeal  •  Civil Appeal 99 of 2016  •  30 Sep 2016  •  Kenya

Coram
Roselyn Naliaka Nambuye, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

BACKGROUND

1.This appeal is by Nicholas Randa Owano Ombija, the appellant, against the decision of the Vetting of Judges and Magistrates Board, the respondent.

The record shows that the appellant has been in and out of court over issues of his vetting by the Vetting Board. The appeal before us relates to the decision of the Vetting Board dated 16th March 2016 declaring the appellant not suitable to continue serving as a judge although the appellant contends that he opted to retire from Judicial Service rather than be vetted and therefore the Vetting Board, he contends, had no jurisdiction to vet him.

2. The background to this appeal is not complicated. It relates to the litigation instituted by the appellant against the Judges and Magistrates Vetting Board. Parliament was mandated by the Constitution under section 23 of the Sixth Schedule to operationalize Articles 160, 167 and 168 (of the Constitution) by enacting legislation establishing mechanisms and procedures f…

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