Shollei wants charges dismissed

Former Judiciary Chief Registrar Gladys Shollei with her lawyer Paul Ng'arua yesterday after the hearing of an abuse of office case against her. She wants the case dismissed. (PHOTO: DAVID NJAAGA/ STANDARD)

Former Judiciary Chief Registrar Gladys Shollei says abuse of office charges against her lack facts and should be dismissed.

Through lawyer Paul Ng'arua, Shollei told the court yesterday she will make an application to have the charges struck out.

Milimani Principal Magistrate Felix Kombo directed her to make the application during the next hearing next year. "My client is aggrieved because she is prejudiced as the charges fail to address the mischief with any amount of sufficiency and certainty," said Ng'arua.

Ng'arua said matters to do with procurement cannot be articulated well without specific information as prescribed in the law.

"The prosecution has failed to capture the essentials of the charge, making them incoherent," said Ng'arua.

Shollei is accused in a second corruption case relating to her tenure at the Judiciary.

The prosecution said it will respond to the allegations once the application by the defence is formerly tabled before the court.

The case arises from questionable procurement deals for construction of court buildings in Tawa, Mavoko and Garsen.

"The charges are ridiculous and trumped-up. What they are charging me with is not corruption nor loss of money but the decision made during the procurement," Shollei told journalists outside the courtroom.

She is charged alongside seven former members of the tender committee who allegedly increased the advance downpayment for the constructions from 10 per cent to 50 per cent without approval.

The seven are former deputy chief registrar Kakai Kissinger, Martin Otieno Okwata (former director of supply chain management), Benedict Abonyo Omollo (former director of finance) and tender committee members Wycliffe Wanga Ombunde, Nicholas Muturi Okemwa, Nicholas Mbeba and Thomas Oloo Atak.

They are accused of failing to comply with procurement laws by awarding a direct tender to Timsales Ltd, which received the 50 per cent advance down payment instead of 10 per cent.

They also jointly face an abuse of office charge for awarding Timsales the tender to construct the Runyenjes Court Station without following the procurement process, leading to the loss of Sh18.3 million.

Shollei, Kissinger, Okwata and Omollo are also accused of changing terms and conditions of a contract awarded to Timsales without approval. The case will be heard on January 17, 18 and 19 next year.