Nairobi, Kenya: Chief Registrar of the Judiciary Gladys Shollei is set to resume official duty only nine days after she was sent on forced leave by the Judicial Service Commission (JSC).
Chief Registrar of the Judiciary Gladys Shollei
The commission reached a settlement with Ms Shollei even before the expiry of the 15-day timeline for which she was to be on leave, pending investigation into unspecified claims of mismanagement.
Though details of the agreement will be recorded in court on Friday, sources indicate that the JSC had agreed to have Shollei resume work.
The deal will see her withdraw a suit, which she filed last Thursday challenging the commission’s decision to send her on forced leave.
In a statement, her lawyer Donald Kipkorir said, “We wish to inform the public that Gladys Boss Shollei and the Judicial Service Commission have reached settlement that protects their respective rights and mandate, and also the integrity of the Judiciary. In pursuance of the said settlement, Ms Shollei has withdrawn her petition and she is at liberty to resume work.”
Other lawyers involved in the case declined to discuss the matter, preferring to have the agreement recorded before High Court judge David Majanja.
Shollei was last week sent on compulsory leave to pave way for investigation into unspecified allegations of financial irregularity against her by some members of JSC.
Chief Justice Willy Mutunga announced the decision following a three-hour meeting of the JSC in which commissioners voted five against four to send Shollei on leave pending a probe that had to be concluded within 15 days.
JSC 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.
Did not attend
Nine out of the 11 members of the JSC attended the meeting. Attorney General Githu Muigai and the representative of the High Court judges, Isaac Lenaola, did not attend.
The decision became the subject of public controversy between Shollei and the JSC, as well as between the commission and the Parliamentary Committee on Justice.
Shollei appeared before the committee on Wednesday last week and gave a detailed account of her work and what she thought was the reason behind the commission taking such action against her.
On Thursday, she filed an application at the High Court and secured orders stopping JSC from commencing disciplinary action against her.
She named three JSC members — Ahmednasir Abdullahi, Justice Mohamed Warsame and Chief Magistrate Emily Ominde — as those who had frustrated her work as Chief Registrar and instigated action against her.
She maintained she was never informed of the reasons for sending her on leave and that there were no financial improprieties in the Judiciary. The committee summoned JSC and the three members to give their side of the story.
But following a meeting at the Supreme Court, JSC resolved not to honour summons to appear before the committee, citing the need to safeguard its independence and separation of powers as stipulated in the Constitution.
By Wahome Thuku, The Standard
