Shollei now to move to Court of Appeal

By WILFRED AYAGA

A case in which former Chief Registrar of the Judiciary Gladys Boss Shollei was seeking orders to stop the recruitment of a replacement will now move to the Court of Appeal.

This is after the Industrial Court yesterday declined to grant orders that had been sought by Shollei to halt the recruitment of the new Chief Registrar and to reinstate her to her former position pending the hearing and determination of her petition.

But Justice Nduma Nderi’s judgment noted that Shollei had an arguable case in her contention that some of the JSC commissioners who had recommended her sacking were biased.

Shollei had mentioned commissioners Ahmednassir Abdullahi, Emily Ominde, Florence Mwangangi Mohammed Warsame and Christine Mango as those who unfairly pushed for her removal.

The judge said that Shollei has the opportunity to prove her claims.

“There is an arguable case that some of the JSC members had a personal interest in the decision to dismiss her. The rules of natural justice are clear that a person shall not a judge in their own case. A person shall also not be condemned unheard,” he said.

The judge also noted that in the JSC had failed to respond to claims by Shollei of the existence of a strategy to push her out of office.

Although Shollei’s lawyers Donald Kipkorir and Ekuru Aukot had made reference to the existence of such a strategy, a replying affidavit filed by registrar of JSC, Winfrida Mokaya, did not respond to the claims.

“On this matter, the respondent chose not to say a word,” the judge noted.

Quoting widely from the Industrial Court Act, Justice Nderi said that one of the reliefs Shollei has sought in her main petition is compensation should the court find that her rights were violated.

Significant position

Lawyer Kipkorir sought leave of the court to appeal against the decision, arguing that Shollei had an arguable case against her dismissal.

In declining to grant the orders sought by Shollei, Justice Nderi said that the position of Chief Registrar was important in the effective functioning of the judiciary and could not be left in abeyance. “The Chief Registrar is the administrative and accounting head of the judiciary. It is therefore important that such a significant position does not remain vacant,” the judge said.

In her application for reinstatement, Shollei had said that she was willing to proceed on leave pending the determination of her case.