Gladys Shollei was lawfully sacked, court says

Former Judiciary Registrar Gladys Shollei was lawfully sacked, the Court of Appeal ruled on Friday.

The judges said it was in order for Shollei to be sent home for insubordination, misconduct and financial impropriety.

The judges also set aside a decision by the Industrial Court which ordered that she should be compensated.

The Industrial Court had ruled in March that Shollei was unfairly sacked and that she was entitled to compensation for unlawful termination and unfair loss of employment.

Justice Nduma Nderi of the Industrial Court, in a hard hitting judgment against the Judicial Service Commission (JSC), said it violated its own procedures of disciplining its officer and violated Shollei’s constitutional rights.

“It is difficult to understand the shortcut taken by very eminent members of the legal profession sitting in the JSC in a situation where the mandatory procedure to be followed speaks for itself,” said Justice Nderi.

READ: Judge faults Mutunga, JSC on dismissal of Gladys Shollei

In April, Shollei’s hopes of returning to work were dashed when the Court of Appeal suspended orders quashing her dismissal.

“We suspend the judgment of the Industrial Court which quashed the letter terminating the employment of Mrs Shollei pending hearing and determination of the appeal filed by the Judicial Service Commission,” the ruling said.