Gladys Shollei case withdrawn

By Isaiah Lucheli

A suit that had been filed at the High Court by the Chief Registrar of the Judiciary Gladys Shollei against the Judicial Service Commission (JSC) has been withdrawn.

Lawyers representing Shollei, JSC and three JSC members told High Court judge David Majanja they had had successful negotiations where it was agreed that the suit filed by the registrar be withdrawn.

Lawyer Donald Kipkorir told the court that following two days of negotiations his client (Shollei) and the other parties in the suit had agreed to have the suit stood down with no orders as to the costs.

Resume work

JSC lawyer Paul Muite agreed with Kipkorir’s submission, saying the discussions had resolved to end the suit following arbitration between the parties out of court.

Majanja accepted the application to have the suit withdrawn and recorded the agreement between the parties in a brief court session yesterday morning.

In a statement to the public on Thursday, Kipkorir had disclosed that Shollei and the JSC had reached a settlement that protects their respective rights and mandate and also the integrity of the Judiciary.

He added that pursuant to the settlement between the parties, Shollei had withdrawn the petition and she was at liberty to resume work.

On Tuesday, Muite had told the court that all the parties in the suit had opened discussions with a view to resolving the matter and sought for two days to conclude the talks.

“The parties in the suit are engaged in discussions with a view to resolving the matter. We are seeking the court to grant us two days so that we can appear in court on Friday and I believe by then we would have reached consensus,” said Muite.

Lawyers of the parties were expected to hold discussions over the intended commencement of the disciplinary proceedings and the suit filed by Shollei and report back to court on Friday.

In her petition Shollei had named JSC, its three commissioners, Ahmednasir Abdullahi, Justice Mohammed Warsame and Chief Magistrate Emily Ominde as respondents.

Shollei had sought that the court issue an order to suspend the decision by JSC to send her on compulsory leave for 15 days pending investigations.

She had contended that the decision was taken without any legal or factual reason, adding that she had not been informed to date verbally or in writing of the allegations levelled against her.

Factual reasoning

The Chief Registrar had also sought an order reinstating her to office.

She accused three members of the JSC of being behind the decision taken to send her on leave pending investigation into alleged malpractice in office.

Majanja had issued an order barring the JSC from commencing investigations following the filing of the petition.