Uasin Gishu Woman Representative Gladys Boss Shollei has ultimately emerged victorious in her long-running unlawful termination suit.
The former Chief Registrar of the Judiciary first moved to Court in 2013 to challenge her sacking by the Judicial Service Commission (JSC). She was accused of misusing Ksh2.02 Billion in addition to allegations of incompetence, insubordination and violation of the Code of Conduct for Judicial officers.
The Supreme Court has ruled that Shollei was unfairly sacked by the Judicial Service Commission (JSC) and is entitled to compensation. They challenged the Court of Appeal’s position that it would have been impractical for JSC to give specific reasons for the 87 allegations against Shollei contained in her termination letter.
For assessment of damages owed to Shollei, the Supreme Court wants the matter referred back to the Employment and Labor Relations Court.
The Supreme Court further maintained that the JSC violated her right of access to information by denying her documents to aid her defence. Shollei had accused the respondent of failing to provide her with copies of the proceedings and related documents in contravention of Article 35 of the constitution.
Donald Kipkorir, the lawyer who initially represented Shollei at the start of the case before being forced to pull out as the case got murkier, offered insights into the intrigues of the case even as he celebrated the Supreme Court decision as a vindication of Shollei.
He accused former Chief Justice Willy Mutunga and lawyer Ahmednassir Abdullahi of orchestrating Shollei’s woes.
“In 2013, when my friend Gladys Shollei was fired as Chief Registrar of the Judiciary, she retained me to act for her … When I appeared before JSC then under CJ Willy Mutunga but under total control of my friend Ahmednasir, JSC refused to give me material documents we required.”
“We then went to the High Court who gave us injunctive Orders .. JSC thro’ the CJ wrote to EACC to investigate if I bribed the Judge! EACC found that the allegations by the CJ were spurious & stupid! Then I stopped acting for my friend bec I didn’t want her to be collateral.”
“JSC appealed to Court of Appeal who reversed the High Court decision. Supreme Court has now vindicated Gladys Shollei. Truth be told, @ahmednasirlaw & @WMutunga ran JSC then like Gestapo Police. It was dark days in the Judiciary. But time heals,” he claimed in a Twitter thread on Friday, February 18.