REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Mutunga CJ & P;  Rawal DCJ & V-P; Ibrahim, Ojwang, Wanjala & Njoki, SCJJ)

PETITION NO. 1 OF 2016

–BETWEEN–

THE JUDGES AND MAGISTRATES VETTING BOARD ……….....……..PETITIONER

–AND–

NICHOLAS RANDA OWANO OMBIJA……..........………….....………RESPONDENT

(An appeal from the Judgment of the Court of Appeal in Nairobi Civil Appeal N0. 281 of 2015 (Kariuki, Sichale and  Mohammed, JJA) dated and delivered on

 14^th December 2015)

ORDERS OF THE COURT

Upon considering all the documents tendered by the parties, as well as the detailed submissions of learned counsel, we have formulated a Judgment that will be issued on notice, but the specific Orders of which we now issue, as follows:

(1)The Petition is allowed, on the following specific terms.

(2)  The process of vetting by the Petitioner had commenced before 31^st December, 2015.

(3)  The Petitioner shall proceed with the process of hearing, and shall conclude the vetting of the Respondent without any further delay.

(4)  To accord the Respondent full opportunity to partake of his rights to a fair hearing, as well as his right of review, the vetting shall proceed on a day-to-day basis, until concluded by 31^st March, 2016, in accordance with the law.

(5)   As established in the precedents of this Court, the vetting process shall be limited to matters arising upto 27^th August, 2010.

(6)  As the petitioner had annulled its decision of 21^st December, 2012 and the proceedings leading thereto, the parties legally revert to the position prevailing as at 30^th July, 2012.

(7) The parties shall bear their respective costs, in respect of the appeal herein.

Orders accordingly.

DATED and DELIVERED at NAIROBI this 7^th day of March, 2016.

……..…………………                                           ………………………………..

W.M. MUTUNGA                                                     K.H. RAWAL

CHIEF JUSTICE & PRESIDENT                          DEPUTY CHIEF JUSTICE &  SUPREME COURT                                                                     VICE-PRESIDENT

………………………………………                       …………………………………

M.K. IBRAHIM                                                           J.B. OJWANG

JUSTICE OF THE SUPREME                                  JUSTICE OF THE SUPREME

COURT                                                                       COURT                                 

…………..………………………..                             …………………………..

S.C. WANJALA                                                          S.N. NDUNGU

JUSTICE OF THE SUPREME COURT                     JUSTICE OF THE SUPREME COURT

I certify that this is a true copy of the original

REGISTRAR, SUPREME COURT