KENYA: Chief Registrar of Judiciary Mrs Gladys Shollei Wednesday fought back allegations of misconduct levelled against her by the Judicial Service Commission.
Judiciary Chief Registrar Gladys Shollei when she appeared before the Justice and Legal Affairs parliamentary commitee recently. PHOTO: TABITHA OTWORI/STANDARD
Mrs Shollei opened her defence during the JSC proceedings at the Supreme Court Buildings by questioning the commission’s jurisdiction in taking action against her.
Through her lawyer, Donald Kipkorir, she also questioned the provisions of the laws JSC was relying on to press the case against her.
The proceedings were held behind closed doors after JSC rejected her request for a public hearing, which she had argued would guarantee transparency and public confidence in judicial institutions. After JSC rejected her preliminary objections, the chairman, Chief Justice Willy Mutunga, rescheduled to Friday the hearing of her defence. On Thursday Shollei will meet the National Assembly’s Budget and Appropriations Committee.
Separately in Parliament yesterday, Speaker Justin Muturi allowed a petition to the National Assembly seeking to have the six JSC commissioners investigated with a view to removing them from office.
The commissioners facing the parliamentary probe are Ahmednassir Abdullahi, Samuel Kobia, Christine Mango, Mohammed Warsame, Emily Ominde and Florence Mwangangi.
They will be forced to appear before the Justice and Legal Affairs Committee to respond to allegations regarding their fitness to serve in the JSC.
Mr Nicholas Mugambi filed the petition with the National Assembly on October 4.
He sought the House approval that the named commissioners be kicked out for “having contravened and violated the Constitution and be removed from office”.
The petitioner also accused the commissioners of interfering with the work of other independent officers. (See separate story)
On Wednesday Kipkorir, who accompanied Shollei to the JSC session, said his client had asked the Commission to inform her whether the process against her is investigatory or disciplinary.
Denied application
She also pressed to know what provisions of the law underpinned the proceedings. JSC reportedly told her the proceedings are disciplinary and would continue being held in camera. Mrs Shollei had requested for a public hearing, but JSC denied the application.
Kipkorir said the Commission overruled Mrs Shollei’s argument that it had no jurisdiction to commence action against her.
Mrs Shollei was allowed to appear on Friday to present her defence.
“At our insistence, JSC rescheduled the hearing to Friday when the CRJ will present her defence to what is now described as a disciplinary process,” said Mr Kipkorir.
Mrs Shollei had been directed by JSC to appear and defend herself on several allegations levelled against her, but she presented arguments questioning the mandate of the Commission.
But the JSC ruled that it had jurisdiction to determine the matter. Mrs Shollei, through her lawyer, told the Commission she was only answerable to Parliament.
“The office of the Chief Registrar of the Judiciary is the Accounting Officer of the Judiciary, and under the Constitution and the Public Finance Management Act, she is only answerable to Parliament, Auditor General, Public Procurement Oversight Authority , and Ethics and Anti-Corruption Commission, “ said Kipkorir.
Mrs Shollei argued the power of JSC in disciplining her is only residual and on referral from the statutory bodies.
She said she is “entitled to impartial hearing, right to administrative action, right to legitimate expectation in a judicial process, right to public hearing and that the process must meet the minimum threshold for administrative action.”
The commission has accused her of contravening procurement and employment laws. She has, however, accused some members of JSC of witch-hunt.
Bias or partiality
During yesterday’s session, JSC told her that the Commission would act as a corporate body and therefore personal bias or partiality will not arise.
Despite journalists camping the whole day at the Supreme Court Building and attempting to obtain information from JSC, none was forthcoming.
Only Mrs Shollei issued a press release to journalists after the sitting through her lawyer.
The CRJ has been battling with JSC from August when the Commission sent her on compulsory leave to investigate allegations of financial impropriety.
She subsequently challenged the move in court and obtained orders stopping JSC from taking action against her.
Mrs Shollei said she was suspended by the JSC while out of the country on official duty, without first being granted a hearing.
A truce was later reached between JSC and Mrs Shollei after which the case was withdrawn, and the Chief Registrar allowed to resume her official duties.
The Commission then mandated two committees of the Judiciary to probe various allegations relating to procurement, employment, administration, financial management and corporate governance of the Judiciary made against the Chief Registrar.
By Pamela Chepkemei, The Standard
