KCB ordered to pay Sh2.5m to defamed judge

By Nancy Akinyi

When he walked into a supermarket and a five-star hotel between April and May last year, Justice Nicholas Ombija did not know he could be Sh2.5 million richer after his Visa card was rejected.

He left the supermarket after returning all that he had picked for lack of funds in his Kenya Commercial bank (KCB) credit card.

Ombija says the experience almost tore his family apart and he had to endure a lot including denial of conjugal rights because his wife thought he was a joker.

Justice Nicholas Ombija

"The bank subjected me to considerable amount of distress, agony, mental torture, humiliation, scandal, opprobrium and contempt in the eyes of the public," Ombija said in his evidence in chief.

Yesterday the Milimani Commercial court ordered KCB to pay the Kitale-based judge Sh2.5 million for damages for the ‘faulty’ Visa card.Injured Reputation

Justice Joyce Khaminwa in her judgement maintained that Ombija was humiliated on three occasions when his KCB Visa card was rejected for an alleged lack of funds and he deserved compensation for injury of his reputation.

The ruling was delivered amid indications that the Court of Appeal last week stopped proceedings into the case after KCB moved it to do so.

The judge maintained that there was nothing to be stopped because the case had been concluded and there was no order before her to that effect.

Ironically, the Court of Appeal order to stop the proceedings was presented to the trial court long after she delivered the ruling.

The judge hit headlines early this month when he sued planning Minister Wycliff Oparanya over VIP toilet seats and covers. The case is pending before the Commercial Court.

In the suit against KCB, the judge sought a composite Sh6 million for compensation for damages and another Sh1 million for breach of contract.

He sued the bank for subjecting him to distress, agony, humiliation, scandal and contempt.

Through his advocate Cecil Miller, the judge maintained that the bank defamed him at the Intercontinental Hotel and Nakumatt Ukay Nairobi between May and April last year.

"Those experiences before employees of the two institutions, who held the judge with high esteem, greatly humbled and humiliated the judge," Miller told the court.

The judge maintained that he had enough money when he was subjected to the ordeal.Surprised

"I was surprised to be told I lacked funds in my account yet I had deposited over Sh19,000", he said.

When he testified in court last June, the judge said the Director of the Kenya Anti-Corruption Commission Aaron Ringera was a witness when he signed contract forms before opening the Visa account.

A supervisor at Nakumatt Ukay told the court employees at the supermarket are not comfortable serving the judge as they view him as one who lacks funds.