CHIEF Registrar of Judiciary Gladys Boss Shollei yesterday wrote to Chief Justice Willy Mutunga requesting that he remove Ahmednasir Abdullahi from the Judicial Service Commission. Shollei is currently in France and communicated through her lawyer Donald Kipkorir.
Yesterday Ahmednasir reportedly trashed the consent agreement made on Thursday before Justice David Majanja between the JSC and Shollei allowing her to continue work pending an investigation. Shollei had then withdrawn her petition against her suspension by the JSC.
Yesterday Ahmednasir was invited to greet lawyers at a workshop organized by the Law Society of Kenya at Panari Hotel by the LSK chairman Eric Mutua. He then reportedly informed the lawyers that the withdrawal of her suspension was only procedural and Shollei will be prosecuted for financial improprieties.
Through her lawyer Donald Kipkorir, Shollei advised the CJ that she intended to sue the commissioner for libel. In her letter, Shollei said that Ahmednasir "ought to know he doesn't have monopoly of power, knowledge and hubris".
Shollei said that she will also institute proceedings to remove Ahmednasir as commissioner of the JSC. "Our client has never feared any probe but for Ahmednasir to personalize the matter and always prosecute our client via the media is out of turn, unlawful, irregular and outrightly immoral," Kipkorir wrote. "As a JSC member, Ahmednasir cannot lead a loose cannon war against Ms. Shollei.
He is the one who was quoted in the Saturday Nation of August 17 saying that Ms. Shollei was going to be suspended even before JSC had met," said Kiprorir in the letter.
"Is Ms. Shollei going to be continually prosecuted through the media by Ahmednasir? Is Ahmednasir allowed to operate outside the corporate structure of JSC? Is Ahmednasir the spokesman for JSC?" Kipkorir asked on Shollei's behalf. The JSC and Shollei reached the agreement on Thursday allowing her to resume her duties pending investigations. She was then required to withdraw her petition challenging the JSC's decision to send her on compulsory leave.
Shollei had named Ahmednasir, Court of Appeal judge Mohammed Warsame and Chief Magistrate Emily Ominde as co-defendants with the JSC in the case. Details of the agreement were not disclosed but Kipkorir informed Justice Manjanja that negotiations were fruitful. Shollei argued that her suspension was in violation of the constitution and the Judicial Service Act of 2011 as she had not been asked to defend or explain her actions before the suspension.
The JSC and the three commissioners responded that Shollei's petition was unfounded and wrongly filed in court. They argued that Shollei had sued them as a sheer personal vendetta and they would seek to have her petitition struck out with costs. Some nine out of the 11 members of the JSC were present during the meeting that sent Shollei on leave. Attorney General Githu Muigai and High Court Judge Isaack Lenaola were away on official duties.
Four commissioners, including Ahmednasir, Warsame, Ominde, Prof Christine Mango and Florence Mwangagi, voted to have Shollei sent on leave pending the 15 day investigation. But CJ Mutunga, Supreme Court Judge Smokin Wanjala, Prof Margaret Kobia and Rev Sam Kobia voted against it. Lenaola and Githu were not able to vote but reportedly were opposed to the suspension of Shollei.
Shollei then appeared before the Parliamentary Committee on Justice and Legal Affairs where she gave a detailed account of her work and explained the reasons that she suspected were behind her suspension. The Committee then summoned the JSC to hear their side of the story but the commissioners declined to attend. The Legal Affairs Committee wanted the JSC to explain the purchase of the new court of appeal building in Mombasa and the Sh80,000 sitting allowance that each commissioner receives.