Probe on registrar called off, but the suspension remains

Judiciary Chief Registrar Gladys Boss Shollei (Right) when she appeared before Parliamentary Committee on Justice and Legal Affairs at the parliaments buildings on August 21, 2013 on investigations into the decision to send her on forced leave. She is flanked by office legal counsel Nick Okemwa. PHOTO|BILLY MUTAI

What you need to know:

  • Chief Registrar had obtained a court order blocking her own investigation
  • It’s a small win for Chief Registrar Gladys Shollei, who has been interdicted, in her legal battle against the JSC but she still won’t be able to access her offices after the judicial oversight body declines to lift her suspension

Judicial Service Commission (JSC) members on Friday met to officially suspend investigations against Chief Registrar of the Judiciary Ms Gladys Shollei.

This came after Ms Shollei obtained a court order barring the commission from investigating her. However, the JSC maintained that Ms Shollei should stay out of office as the order did not expressly authorise her return to work.

A press statement by JSC acting secretary, Kakai Kissinger said the joint committee mandated to investigate Shollei had been restrained from continuing with “any disciplanry proceedings against the petitioner” till August 27 when a petition she lodged in court will be heard.

Last Monday, the JSC resolved to initiate a probe into multiples of scandals touching on corruption, employment and other administrative malpractices against Ms Shollei. On Thursday members of the commission’s two ad hoc committees had commenced inquiries into the allegations and had decided to invite forensic auditors to support the investigations.

JSC was to investigate claims of misuse of funds and unauthorized spending on travels, as well as the leasing of two buildings, the Elgon Place and Rahimtulla Tower buildings in Upper Hill, at exorbitant costs.

The former would cost Sh700 million, with Sh500 million paid out as rent and Sh200 million spent on renovation to cover five years and one month contract period.

The JSC is also set to probe why the agreement has rated the payments in foreign currency with a high interest rate. The recent suspension of the Registrar of the Supreme Court, Mr Moses Serem who has now been replaced by Ms Judy Omange, has also been listed in the probe.

The former registrar was last week posted to Malindi after he was recalled from his suspension following an informal intervention.

Ms Shollei has however denied any culpability and accused three members of the commission of maliciously masterminding disciplinary actions against her. The CR told the Justice and Legal Affairs committee in parliament  that commissioners Ahmednassir Abdulahi, Justice Mohammed Warsame were after her after she declined their  requests for various favours.

When contacted, Justice Warsame who was accused of having solicited for employment for his “people” declined to discuss the issue. “You know she (Ms Shollei)  has sued me. This matter is already in court,” Justice Warsame stated. Friday Ombudsman’s office wrote to the Chief Justice and faulted the process by which the JSC had chosen in institutng disciplinary proceedings against the Chief Registrar.

Commission on Administrative Justice Chairman, Otiende Amollo wrote that the process initiated by the JSC who was the complainant in the case could be partisan. “The process adopted makes the JSC the accuser, investigator, prosecutor and Judge in the same cause,”Mr Otiende argued.

He asserted that the JSC should have invited the Ethics and Anti-Corruption Commission to investigate the alleged corruption, Auditor General’s officer to look into the financial dealings, Public Procurement Oversight Authority to audit procurement and his office investigate maladministration and mis-governance.

He further advised the JSC to approach the National Assembly speaker to discuss the summoning of members of the commission by a parliamentary committee which he described as a irregular an a breach of the law even though Article 125 gave parliamentary committees powers to summon any person.

“It is improper to invoke this power against an independent commission in respect of an act done in furtherance of its constitutional mandate even if it impunged,as this would directly offend the provisions of Article 249 (2),”said the Ombudsman in a letter copied to both the Senate and the National Assembly speakers.