JSC sent me email threats, says Shollei

Former courts Chief Registrar Gladys Boss Shollei Monday accused Judiciary commissioners of sending her threatening e-mails before she was sacked.

Mrs Shollei told the Court of Appeal that the process of sacking her was shallow and a conspiracy by some commissioners.

Through lawyer Donald Kipkorir, Ms Shollei said her dismissal was planned early in 2012 through threatening emails from some commissioners who swore to remove her from the position at all costs.

“The process was not proper, we filed emails at the High Court of which the defence never contested their legality. Those emails were legitimate and important for the court process,” Mr Kipkorir said.

He said the emails showed an outright intention to remove Ms Shollei from the office. He told the judges that one email proposed the sacking of Ms Shollei on the basis of corruption after she refused to “play to the commissioner’s gala”.

“This is what will sell, we accuse her of corruption and procurement impropriety and that will be the end of her,” Mr Kipkorir quoted one of the emails.

The Industrial Court on March 7 ruled that Ms Shollei was unfairly sacked and that she was entitled to compensation for unlawful termination and unfair loss of employment.

“It is difficult to understand the shortcut taken by very eminent members of the legal profession sitting in the JSC in a situation where the mandatory procedure to be followed speaks for itself,” said Mr Justice Nduma Nderi.

The judge noted that JSC violated its own procedures of disciplining its officer and violated Mrs Shollei’s constitutional rights.

However, JSC appealed against the judgment, arguing the judge applied the wrong provisions of law and considered irrelevant matters.

“The judge failed to apply his mind properly to the matters in dispute,” lawyer Issa Mansur for the JSC said.
Judgement will be delivered in July.

He added that 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.
Mr Kipkorir said that the industrial court in outlawing the decision by the JSC to sack his client, stood for justice, was industrious and that the decision by the judge should be protected.

He slammed the appeal logged by the JSC stating that “it does not stand a chance to upset the judgment made by a superior industrial court.”

He also said that Ms Shollei showed no insubordination as she was only mandated to report to the Parliament on issue of allocation, use or misuse of money like any other public accounting officer.

“As an accounting officer, when it comes to matters financial, she was only answerable to the National Assembly and not any other institution. She was like a Principal Secretary who only reports to Parliament,” Mr Kipkorir said.

Mr Mansur faulted the industrial court saying that it was best placed to deal with matters of employment and not constitutional matters.

He pocked holes on a request made for a fair and public hearing by Ms Shollei saying that it is not an absolute right in the constitution to have a public hearing.

Mr Mansur also faulted the email evidence extensively quoted by Mr Kipkorir saying that the source of the emails was not known.

“We cannot ascertain whether the emails were genuine, hacked or authentic. We cannot rely on emails as evidence. They did not link to any impropriety or abuse of office,” Mr Mansur said.
A Judgment will be delivered in July.