JSC seeks to overturn Shollei’s court victory
Former Judiciary Chief Registrar Gladys Shollei speaks at a past press conference. Justice Nduma Nderi ruled that the Judicial Service Commission (JSC) violated her rights and ordered that she be compensated for wrongful removal from office. PHOTO | DIANA NGILA | FILE
What you need to know:
- Through lawyer Donald Kipkorir, she said the judgment meant her position as chief registrar was intact as the court had quashed the dismissal letter.
- In his judgment, Justice Nderi said the commission not only violated its own procedures, but also Ms Shollei’s constitutional rights. He said Ms Shollei was entitled to compensation and quashed her dismissal letter.
The Judicial Service Commission (JSC) has appealed against a judgment that former chief registrar Gladys Shollei was sacked unfairly.
Through lawyer Issa Mansur, the commission said Industrial Court judge Nduma Nderi applied the wrong provisions of the law and considered irrelevant matters.
“The judge failed to apply his mind properly to the matters in dispute. He exceeded his mandate by purporting to determine whether Ms Shollei’s constitutional rights were violated, which is not a preserve of the Industrial Court,” Mr Mansur said.
He said Justice Nderi misapplied criminal law to a simple employment dispute and unlawfully assumed a central role in the dispute by defending and answering allegations against Ms Shollei.
The JSC filed the appeal as Ms Shollei wrote to Chief Justice Willy Mutunga demanding to be reinstated.
Through lawyer Donald Kipkorir, she said the judgment meant her position as chief registrar was intact as the court had quashed the dismissal letter.
“In quashing the proceedings leading to Ms Shollei’s dismissal and the letter of dismissal, the situation remains as at October 18, 2013 when she was chief registrar. We therefore request your office to advise on the date she should resume duty,” Mr Kipkorir said.
In his judgment, Justice Nderi said the commission not only violated its own procedures, but also Ms Shollei’s constitutional rights. He said Ms Shollei was entitled to compensation and quashed her dismissal letter.
The JSC, however, accused the judge of failing to recognise its mandate in disciplining judicial officers.
“The judge failed to appreciate the nature of the dispute, which was between an employer and employee. He failed to consider the circumstances in which the termination took place, including the extent to which Ms Shollei contributed to her sacking,” Mr Mansur said.
