NICHOLAS RANDA OWANO OMBIJA
V.
JUDGES AND MAGISTRATES VETTING BOARD

JUDGEMENT OF THE COURT

BACKGROUND

1. This appeal was set down for hearing in a record time after its institution on 23^rd November 2015. We heard it on 1^st December 2015. The reasons for this meteoric speed is not far to seek.

2. It was plain to see that the urgency of the matter was because the tenure of Judges and Magistrates Vetting Board comes to an end on 31^st December 2015. The Judges and Magistrates Vetting Board (hereinafter referred to as “The Vetting Board”) is intent on re-vetting Justice Nicholas Randa Owano Ombija, a Judge of the High Court, who is the appellant in this appeal, before its tenure comes to an end. That is why it summoned him.

3. The appellant reacted to the summons seeking to re-vet him by moving to the High Court with a petition challenging the Vetting Board’s decision (to re-vet him). The Vetting Board raised a preliminary objection to the petition contending that the High Court had no jurisdiction to entertain the petition.

The High Court upheld the preliminar…