Gladys Shollei loses round one in battle for job

Former judiciary chief registrar Gladys Shollei has lost the first round in her battle to regain her job.

The Industrial Court ruled on Friday that the question of whether or not she can be reinstated could only be argued in the main suit where she is challenging her sack over allegations of misappropriation of Sh2 billion.

But the court noted that Mrs Shollei had established an arguable case of bias in the way she was sacked.

“No order for reinstatement has been pleaded the way we know in labour proceedings, but that is a matter to be canvassed at the hearing of the petition itself,” ruled Judge Mathews Nduma Nderi.

The judge also declined to stop the recruitment of Mrs Shollei’s successor, saying the office of the Chief Registrar was too important to be left vacant.

The Judicial Service Commission sacked Mrs Shollei last month citing her conduct in the management of judicial affairs and allegations of misuse of money.

She had sought to stop the appointment of a new chief registrar and to get her job back.

JSC 'BIASED'

Mr Justice Nderi said the judiciary commission was biased since some commissioners had personal interests in her removal and a strategy dubbed the “war council” had been developed through connivance with other people to implement the strategy.

“I am satisfied at this stage that Mrs Shollei has demonstrated a prima facie case of bias against the commission,” ruled the judge. (READ: Shollei claims baseless, says JSC)

He added that the face value of Mrs Shollei’s petition showed that her employer failed to consider rules of natural justice which dictates that no person can be a judge in his own case and that no person shall be condemned unheard.

Mrs Shollei’s lawyer Donald Kipkorir said they would appeal at the Court of Appeal.

The hearing is on January 24.