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Judge faults Mutunga, JSC on dismissal of Gladys Shollei

CJSHO

Chief Justice Willy Mutunga; and right, former Judiciary Chief Registrar Gladys Boss Shollei. A judge has faulted the CJ and the Judicial Service Commission on dismissal of Mrs Shollei and ordered she be compensated for wrongful removal from office. Photos/FILE

Chief Justice Willy Mutunga chaired the Judicial Service Commission (JSC) committee that sent Mrs Gladys Boss Shollei home despite express provision of the law that bars him from participating in the disciplinary committee.

Industrial Court Judge Nduma Nderi in his judgment that quashed the removal of Mrs Shollei wondered why Dr Mutunga failed to disqualify himself from the case even after she raised biasness against him and some commissioners.

The judge referring to specific provision of the Judicial Service Act faulted the commissioners saying “it is difficult to understand the short cut taken by very eminent members of the legal profession in a situation where the mandatory procedure that should have been followed speaks so loudly.”

“The Chief Justice is prohibited in mandatory terms to sit in a disciplinary panel. The court fails to understand why the CJ insisted on chairing the panel even after allegations of bias had been made against him and was specifically requested to consider recusing himself,” said Justice Nderi.

Mrs Shollei was sacked in October last year on allegations of abuse of and misappropriation of Sh2 billion Judiciary funds and has since been replaced by Anne Atieno Amadi.

READ: Industrial Court fails to stop recruitment of chief registrar

She moved to court challenging her dismissal on grounds that it was unconstitutional since JSC had no power to send her home.

The judge quoted Regulations 25 of Third Schedule of Judicial Service Act that chief Justice shall not be a member of the Committee or Panel.

The judge said there was serious deviation from the law, since the commission failed to set up a disciplinary committee as provided by Judicial Service Act and instead turned itself into a disciplinary committee.

The Act and the regulations stipulate that the JSC should have set up a disciplinary committee which was to investigate the allegations and report back to the commission with its findings.

Justice Nderi ruled since the commission failed to set up the disciplinary committee as required under Section 32 of the JSC Act the whole process was done in breach of law and ordered that she be compensated.

He questioned why all commissioners whom Mrs Shollei had raised fear of biasness failed to disqualify themselves yet the law sets minimum of three members to serve in the disciplinary committee.

“The enthusiasm for the entire commission to hear the matter is confounding,” the judge said.

He further said the 87 charges against her did not fit the threshold of framing as required in the law and questioned why commissioners did not involve an expert from the office of Director of Public Prosecution to frame them.