Shollei in fresh bid to block graft charges

What you need to know:

  • She is also accused of willfully failing to comply with the law on management of public funds as the Judiciary’s accounting officer at the time and engaging in the project without prior planning.

Former chief registrar of the Judiciary Gladys Shollei lodged a fresh bid to have abuse of office charges she faces relating to an alleged irregular procurement of a palatial residence valued at Sh310 million for the retired Chief Justice dismissed.

She will be objecting to her trial on the ground that the charges framed against her “do not disclose an offence and renders it impossible to make a reasonable defence,” her lawyer Mr Paul Ng’arua told a trial court Monday.

“She is prejudiced as the charges  are incomprehensible in law, they fail to address with certainty specific information as prescribed in the provisions of the Public Procurement and Disposal Act,” the lawyer said.

Ms Shollei has been charged with “improperly conferring a benefit to Johnson Muthama Holdings Limited from whom the Runda residence was bought.

She is also accused of willfully failing to comply with the law on management of public funds as the Judiciary’s accounting officer at the time and engaging in the project without prior planning.

“The defence will demonstrate that the accused person requires more information to understand the crime she is accused of,” Mr Ng’arua said.

The lawyer said that Ms Shollei’s rights to a fair trial would be undermined “if the prosecution is allowed to continue without sufficient details of the alleged offences are not supplied.”

“The prosecution has failed to inform the accused person what provisions of the Public Procurement and Financial procedures were not complied with,” the lawyer said adding that without proper disclosure Ms Shollei will not be able to defend these charges.

Mr Ng’arua said that Ms Shollei will be ill at ease to proceed with the trial if the JSC resolutions approving purchase, budget estimates, approvals for the judiciary for 2012-2013 and the relevant regulations relied on in the charges are not supplied to the defence.