Is Judicial Service Commission qualified to hear Gladys Shollei probe?

Chief Registrar of the Judiciary Gladys Shollei. [PHOTO: FILE]

By MOSES NJAGIH

KENYA: Parliament will be briefed about the conduct of the Judicial Service Commission (JSC) in the on-going probe against Judiciary Chief Registrar Gladys Shollei.

The briefing will be through a ministerial statement responding to a question by an MP on the competence of the JSC to conduct a fair and impartial investigation into the allegations levelled against Shollei.

Turkana Central MP Ludepe Nakaara questioned the ability of the JSC to be impartial in the probe, given that a section of its members had been adversely mentioned during the ongoing investigation by Parliament’s Justice and Legal Affairs Committee.

The committee’s chairman Samuel Chepkonga is expected to give a statement on whether JSC would further be fair and impartial in investigating claims of financial impropriety in the Judiciary.

Not prosecuted

Nakaara sought the statement last week, even requesting disclosures on terms of service, remunerations and allowances of members of the commission, chaired by Chief Justice Willy Mutunga.

The MP said that Articles 94 and 95 of the Constitution give the National Assembly, through itself or through its committee, powers to deliberate on matters of concern to the public and to oversee State officers and organs such as the JSC.

Nakaara also demanded to know the frequency of their meetings.

“Importantly, I want the chairman to tell this House whether the JSC, having been adversely mentioned at the commencement of the investigation by the committee can fairly and impartially sit in judgment on matters concerning the conduct of the Chief Registrar,” said the MP.

He also sought to know whether some members of the JSC attempted to interfere with the investigations by the Banking Fraud Unit of the police on alleged embezzlement at the Judiciary Fund.

Nakaara wants to know if the said members wanted to ensure that those found culpable are not prosecuted.

The legislator also wants the committee chairman to disclose if the failure by the JSC to appear before the parliamentary committee in its probe amounts to a misconduct.

“The public needs to know about these issues because the Judiciary is an institution that started reforms in this country, but of late questions are being raised on whether these reforms are on track. We need Judiciary to put its house in order to win the public’s confidence,” said Nakaara.

Chepkonga said he would issue the statement in two weeks and accused JSC of treating summons from the committee with contempt. He said the committee had requested some information from the commission, which was yet to be brought.

“They (JSC) think that we are just barking dogs here. Let them know we have a capacity to bite. I have teeth to bite and this House has strong teeth,” said Chepkonga.