26 March 2014

Kenya: Shollei Wants Job Back After Sacking Declared Illegal

Photo: Judiciary
Dr Willy Mutunga chief justice of Kenya's Judiciary System

Nairobi — Gladys Boss Shollei now wants her job back as the Chief Registrar of the Judiciary after the Industrial court declared her sacking illegal.

In a petition to Chief Justice Willy Mutunga, Shollei's lawyer Donald Kipkorir stated that her constitutional rights had been violated, while adding that she should be compensated.

He further pointed out that the allegations and reasons given for her dismissal did not exist and as such, she should be reinstated back to office.

"The law is well developed and more specifically binding and persuasive authorities of the Commonwealth that once the writ of certiorari issues, parties return to their previous positions," the statement said.

"In the foregoing, advice on when our client can resume her office. We will go back to court to quantify her compensation for the violations of her rights and for costs," Kipkorir went on further to state.

The Industrial Court had ruled that the actions by the Judicial Service Commission were excessive and contravened its own regulations.

Following her dismissal on October 18, 2013 Shollei moved to the High Court and petitioned her removal from office citing bias.

She said Mutunga and a handful of other judicial officers had been plotting her removal from office long before the JSC alleged it had received complaints of corruption against her.

Justice Nduma Nderi faulted the move by CJ Mutunga to chair the disciplinary committee adding that it was unreasonable for the entire commission to insist on investigating Shollei over the allegations.

After being sent on compulsory leave, which she said the JSC had no power to, she accused them of denying her a public hearing which would accord her an opportunity to clear her name.

Throughout, she maintained that as a public accounting officer she need not answer to the JSC but to Parliament and the Public Procurement Oversight Authority where matters finance and procurement at the Judiciary were concerned.

The JSC in turn accused Shollei of insubordination.

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