Justice Riaga Omollo of the Court of Appeal has appeared before the Judges and Magistrates Vetting Board to defend his suitability to serve in the Judiciary February 23, 2012 . FILE
By BENJAMIN MUINDI, bmuindi@ke.nationmedia.com
Posted Thursday, February 23 2012 at 13:58
Posted Thursday, February 23 2012 at 13:58
Justice Riaga Omollo of the Court of Appeal has appeared before the Judges and Magistrates Vetting Board to defend his suitability to serve in the Judiciary.
He was accompanied by lawyers Ochieng Oduol, Joseph M’limbine and MaryKaren Sorobit.
The board started assessing his career as a judge at 10am. The media was only allowed to take photographs and leave the chambers to allow a private session.
The Board chairman Sharad Rao said Justice Omollo had requested the vetting be conducted in private as provided for by the Judges and Magistrates Vetting Act.
But other judges and magistrates who wished to be vetted in public should notify the Board, Mr Rao said.
Justice Omollo joined the Judiciary in 1975 as a district magistrate and was appointed High Court judge in 1985.
In 1993, he was elevated to the Court of Appeal where he is currently the senior most judge and also a board member of the Judicial Training Institute.
The father of six is married to a retired High Court judge Lady Justice Sarah Ondeyo.
Justice Omollo’s past work record, including his competence and diligence, pending cases against him or recommendation for prosecution are some benchmarks considered in determining his suitability as a judge.
Others are pending complaints against him from bodies as the Law Society of Kenya, the Anti-Corruption Agency, Advocates Complaints Commission, Police or the Judicial Service Commission or the National Intelligence Service.
Once evidence presented before the board is not found satisfactory to prove his suitability as a judge or magistrate of Kenya’s judiciary system, he shall be suspended or sent on leave.
The same rigour shall be applied while vetting the other judges and magistrates who served the country on or before August 27, 2010 when the Constitution was enacted.
The board shall, upon determining the unsuitability of a judge or magistrate to continue serving in the Judiciary, within 30 days of the determination, inform them in writing, specifying the reasons for the determination.
Once informed of the decision the judge or magistrate shall be deemed to have been removed from service, according to Judges and Magistrates Vetting Act.
The decision to remove a judge or magistrate from service shall be made public.
But a judge or magistrate who has undergone the vetting process and is dissatisfied with the determination of the board may request for a review by the same panel within seven days of being informed of the final determination.
The move to vet judges and magistrates is hinged in the Constitution as the country sought to clean up the Judiciary from corruption and other ills and enact an efficient and competent system to deliver justice for the people.
Justice Joseph Nyamu will be next in a process that will take one year where 55 judges (including those of the Court of Appeal) and 350 magistrates will be vetted.
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