Appeal judge rejects JSC bid to suspend Shollei verdict

By KURIAN MUSA

Nairobi, Kenya: A court ruling ordering the Government to compensate former Chief Registrar of the Judiciary, Mrs Gladys Boss Shollei, will not be suspended.

Declining the Judicial Service Commission’s (JSC’s) request that the Industrial Court order be suspended, Lady Justice Hanna Okwengu of the Court of Appeal noted that the order will stand until the court determines who should be Chief Registrar.

“Since there is confusion on who should hold the office of the Chief Registrar of the Judiciary, it is proper the appeal is heard and determined expeditiously,” said Justice Okwengu.

Industrial Court judge, Justice Nduma Nderi ruled that Shollei was unfairly sacked by the JSC, and her rights for a fair hearing violated. Lawyers Paul Muite and Issa Mansur lodged the application by JSC seeking a suspension of the ruling until their appeal against decision was heard and determined.

Shollei’s lawyer Mr Donald Kipkorir had objected to the hearing of JSC’s main appeal,  and questioned the urgency saying “there are appeals pending in court since 1994 that have not been heard.”

But, Muite and Mansur said the case is of great public interest and should be prioritised. Mansur said the JSC cannot pay Shollei a salary and give her a driver and a car as sought by her lawyer Kipkorir since the Judiciary budget was limited. Kipkorir asked the court to issue an order that will ensure Shollei gets a car, driver and salary pending the hearing and determination of the appeal by JSC.

He said such benefits are a normal practice by courts for judges found to have been dismissed unfairly.