Gladys Boss Shollei sues Justice Service Commission for illegal sacking, violation of rights

Gladys Boss Shollei

By KURIAN MUSA

Former Chief Registrar of the Judiciary Gladys Boss Shollei yesterday moved to court to challenge her sacking by the Judicial Service Commission.

The petition filed by lawyer Donald Kipkorir was certified as urgent by the constitutional court.

“The matter before you my lord is serious and needs to be addressed urgently and pray that you allow it proceeds,” Kipkorir said.

Justice David Majanja heard the matter briefly and directed Kipkorir to serve the petition to the respondent’s lawyer Paul Muite immediately.

The petition says that by purporting to terminate Shollei’s employment, the JSC violated her  rights to presumption of innocence, to be informed of the charges in sufficient detail and to have adequate time to prepare her defence.

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“…the respondent set out that they had removed the petitioner for incompetence, misbehaviour, violation of prescribed code of conduct for judicial officers, violation of the of Chapter Six of the Constitution and insubordination,” the petition reads in part.

Public hearing

Shollei says she was not given ample time to respond to the 18-page allegations that alleged financial mismanagement.

She has raised several objections over JSC’s powers to institute proceedings against her. The former registrar also cries foul that she was denied her rights to public hearing in violation of Article 50 of the constitution. Shollei says that on October 18, she applied for adjournment to enable her prepare her defence and call witnesses but her application was rejected. She says the Ethics and Anti-Corruption Commission was not given time to probe allegations of corruption levelled against her.

Shollei further says the respondent has refused to provide her with copies of the proceedings and related documents in contravention of Article 35 of the constitution.

The case will be mentioned on Monday before the court gives directions. Meanwhile, the High Court has dismissed a case filed by former Foreign Affairs PS Thuita Mwangi against the Ethics and Anti-Corruption Commission’s move to charge him over the controversial purchase of Tokyo Embassy.

“I am unable to grant the orders sought and accordingly, the consolidated petitions be and are hereby dismissed,” Justice Majanja said.

Thuita had alleged that institution of criminal proceedings against him was done in bad faith and for ulterior motives.

Through advocate Katwa Kigen, the former PS submitted that the EACC was determined to convey three charges of abuse of office, conspiracy to commit a fraud and willful failure to comply with procurement rules against him out of ulterior motive and in bad faith.

Improperly constituted

In his verdict, Majanja said Thuita failed to demonstrate that the proceedings were instituted for other purpose other than enforcement of the law.

“My reasoning is further buttressed by the fact that the decision to prosecute is an independent decision made by the DPP and whether there is a defect in the composition of the EACC, the DPP exercised his independent discretion to charge the petitioners,” the judge said.

Thuita had alleged that during the time the investigation was conducted, the EACC was not properly constituted as it neither had a chairman and it officers had not been vetted. But the judge said the power of the commission cannot be affected by a vacancy.