Why JSC opted for Shollei talks

The Judicial Service Commission (JSC) has opted for an out-of-court settlement with Chief Registrar Gladys Shollei to avoid damaging exchanges between the top judicial officials.

A consent between JSC and Mrs Shollei is set to be signed this afternoon before it can be registered in court tomorrow to give room for the withdrawal of a potentially explosive case filed by the Chief Registrar.

Mrs Shollei had sought to block her employer from commencing investigations against her.

The consent has offered express formula of dealing with an internal fallout bred out of an administrative squabble between the commission, some of its officials and the registrar.

Yesterday, lawyers involved in formulating the consent declined to make it public.

It, however, emerged that Mrs Shollei could be allowed to return to work but be subjected to independent investigations by two local firms to authenticate the allegations against her.

But even as the consent awaits formalisation tomorrow, Parliament yesterday insisted that Chief Justice Willy Mutunga and all members of the JSC must appear before it today as directed.

A letter by Clerk of the National Assembly delivered to the commission on Tuesday evening invites the commission for a meeting with the departmental committee on Justice and Legal Affairs.

The JSC on Monday resolved not to honour the summons, saying it would undermine the principle of separation of powers.

“Under Article 249(2) the commission is independent and not subject to direction or control by any person or authority,” said the commission.

But the committee chaired by Ainabkoi MP Samuel Chepkonga Wednesday said the summons were still in force.

According to Mr Chepkonga, the JSC has no reason to snub a parliamentary committee and warned that failure by members of the commission to appear before it today may attract some consequences.

“The JSC decision was not in pursuant to any invitation. The official invitation letter was sent to them on Tuesday. We are not aware what they were responding to,” he said.

He went on: “We have a meeting tomorrow (Thursday) at 10am and we are expecting them. I am not aware of a revocation of the summons. The JSC was acting on hearsay.”

The letter is dated September 22, but was despatched to the JSC on Tuesday, a day after the commission declared a decision on the matter.

The Chepkonga committee said Standing Order 216 gives it power to investigate, inquire into, and report on matters relating to the mandate, management, activities, administration, operations of assigned ministries and departments.

The committee has summoned the JSC and three of its 11 members to shed light on allegations made before it by Mrs Shollei who was sent on a 15-day compulsory leave last week pending investigations into allegations of impropriety against her.

When she appeared before the committee last Wednesday she alleged that JSC members Ahmednassir Abdulahi, Justice Mohamed Warsame and Chief Magistrate Emily Ominde were behind efforts to remove her.

On Monday JSC Registrar Winfred Mokaya wrote to the National Assembly communicating the commission’s decision not to honour summons to appear before it.

Wrote Ms Mokaya: “Under the constitution, the commission is subject only to the constitution and the law; and independent and not subject to direction or control by any person or authority”