FORMER judiciary chief registrar Gladys Shollei now wants her job back. The demand for her job has been made several weeks after a judge declared her removal unconstitutional.
In a letter to Chief Justice Willy Mutunga, Shollei, through her lawyer Donald Kiprorir, says the impact of Justice Nduma Nderi's judgment is that she resumes her position before October 18, the same date she was sacked last year. It will, however, be a herculean task for Shollei because the judiciary went ahead and recruited Anne Amadi as the new registrar.
"In quashing the proceedings of October 18, 2013 and dismissal letter, the situation now is the one as before then, with regards to the Chief Registrar of Judiciary," reads the letter by Kipkorir. Shollei also said she will move to court to seek her compensation as directed by Justice Nderi.
In the decision, the Industrial Court judge said Shollei's removal was unlawful and unfair and she is entitled to compensation for the loss of her job and for "violations of her constitutional rights". Nderi quashed the Judicial Service Commission sacking and ruled that the judges' employer did not comply with the applicable laws while disciplining Shollei.
The court said it was wrong for the CJ and former JSC member Ahmednasir Abullahi to sit in the committee that sacked Shollei. "There were 87 wanting allegations against the two and it was not right for them to have sat in the panel that led to the sacking of the petitioner," Nderi said.
He said the allegations against Mutunga and Ahmednasir are serious and they should have stepped aside for a neutral tribunal to investigate Shollei. "There is a prima facie in the suit. Some members of the JSC were against her (Shollei) and they had no mandate to make any judgement since the panel contravened the rule of natural justice," Nderi said.
In challenging her sacking, Shollei said the JSC did not give her a fair hearing. She accused JSC of contravening her right to access information by failing to give her specific reasons for the sack. "The sum total of the judgment was that our client's dismissal from office was a nullity, her constitutional rights were violated and that she be compensated for the violations," reads the letter.