Gladys Boss Shollei Lawyer Donald Kipkorir and Issa Mansur of Judicial Service Commission Leaving Nairobi Industrial Court after the court delivered the judgment.
By SAM ALFAN
Industrial Court has quashed the decision of Judicial Service Commission to remove the former Chief Registrar of the Judiciary Gladys Boss Shollei from office.
Shollei had moved to after Judicial Service Commission removed from office on allegation of gross misconduct.
Justice Mathew Nduma Nderi stated that JSC violated the petitioner’s constitutional right by unlawfully removing her from office.
“Every person is equal before the law and has the right to equal protection and equal benefit of the law,” Said Nduma
High judge Justice Nduma nullified the letter of removal dated October 18 2013, citing it violated the fundamental human and employment rights of petitioner.
The Court said that Shollei is entitled to compensation for the unlawful and unfair loss of employment and for the violation of her constitutional right and that a significant enquiry to be done
The judge in his ruling said that JSC had gravely failed Gladys Boss Shollei in her hour of need.
The judge made it clear that the proceedings and the decision by the commission was not only a nullity due to failure to observe the rule of natural justice but also conducted in total disregard of its own regulations.
He said that the Commission had deviated from mandatory procedure set under regulation 25.
The Chief Justice Willy Mutunga, according to the judgment is prohibited in mandatory terms to sit in the disciplinary panel.
It only requires at least three members to hear the disciplinary case and therefore unreasonable for the commissioners and the CJ himself to continue sitting in the process after Shollei raised bias and corruption allegations against them.
Shollei accused the commissioners Ahmednasir Abdullahi, Christine Mango, Justice Mohamed Warsame and Emilly Ominde of bias.
She accused Warsame of Nepotism and tribalism, Ahmednasir of personal interest of purchase of a building in Mombasa and Eastleigh in Nairobi and in the procurement of ICT infrastructure.
“The allegations made especially against the CJ and the commissioners Ahmednasir Abdullahi are of such serious nature that any reasonable person would have reasonable apprehension of bias in the circumstances,” he said.
But the court found that Shollei’s fear of bias in the displinary proceedings was real from a standers point of view.
The CRJ was not accorded sufficient time to respond to the allegations lay against her. She was denied sufficient time to gather information from other departments thereby contravening her rights to information as stipulated in law.
“There was no witness that was brought to the disciplinary panel for cross examination over the alleged loss of funds and JSC in their submissions only told the court that they were carrying out investigations. “Judge said:
The commission had dismissed the CRJ of five counts; incompetence, misbehavior, the violation of prescribed code of conduct for the judicial officers, violation of chapter six and article 232 of the constitution as well as insubordination.
Lawyer Donald Kipkorir lauded the judge for the judgment saying that his client only wanted to be heard a prayer that JSC vehemently declined to grant
However, Counsel Issa Mansur for JSC was granted stay orders for any proceedings of compensation to Shollei as he consults his client of appealing the judgment.