Industrial Court fails to stop recruitment of chief registrar

What you need to know:

Sacked chief registrar of the Judiciary Gladys Boss Shollei, has suffered a setback after Industrial Court declined to stop the recruitment of her replacement
Justice Nduma Nderi ruled that ruled that it is not in the public interest to stop the recruitment
Mrs Shollei moved to Court one month ago seeking to reverse the decision of Judicial Service Commission’s removing her from office

Sacked chief registrar of the Judiciary Gladys Boss Shollei, has suffered a setback after Industrial Court declined to stop the recruitment of her replacement.

Justice Nduma Nderi ruled that ruled that it is not in the public interest to stop the recruitment noting that the office of Chief Registrar of Justice (CRJ) plays the role of the head of judiciary administration and accounting function.

Mrs Shollei moved to Court one month ago seeking to reverse the decision of Judicial Service Commission’s (JSC) removing her from office.

“It is in the public interest that, that office which is critical to the functioning of the Judicial Arm of Government does not remain vacant,” said Justice Nderi.

Mrs Shollei's lawyer Donald Kipkorir told the Court they will appeal the decision by Industrial Court declining to stop the recruitment and instead reinstate the former chief registrar next week.

She was sacked by JSC over an alleged fraud that the commission claimed to have led to loss of Sh2.2 billion from the Judiciary Fund.

But she denied the claim that claim and moved to Court to challenge her sacking.

The former Chief registrar had wanted JSC to be stopped from filling the position and instead she be reinstated as the case proceeds in court.

About 10 days after sacking Mrs Shollei, JSC advertised the CRJ post.

The commission, in an advert in the dailies called for those interested in the post to submit applications.

Applicants are required to have attained qualifications equal to a High Court Judge, among others. The ruling now clears the way for JSC to fill the position.

Justice Nderi on Friday ruled that Mrs Shollei has an arguable case that some of the commissioners of JSC had a personal interest in her removal and that a strategy to remove her may have been developed in conspiracy with people outside the Judiciary.

But the Judge said she failed to show that she will suffer harm that cannot be remedied by compensation.

Mrs Shollei in her suit claimed that four JSC commissioners were biased against her and were unlikely to give her a fair hearing.