By Kurian Musa
Nairobi, Kenya: The Industrial Court will determine whether to grant orders to stop the Judicial Service Commission (JSC) from continuing with the process of recruiting a Chief Registrar of the Judiciary (CRJ).
Dr Ekuru Aukot, who is representing Mrs Gladys Boss Shollei, the immediate former CRJ, urged Justice Nduma Nderi to stop JSC from recruiting another individual to fill the position before the case is heard. Shollei has contested her dismissal by the JSC.
Lawyer Donald Kipkorir who is also appearing for the petitioner also supported the plea explaining to the Industrial Court the petition initially filed before Justice David Majanja under certificate of urgency. Kipkorir added Justice Ngugi on Monday asked the petitioners to appear at the Industrial Court since it was an employer and employee dispute.
Kipkorir asked the court to grant the fourth prayer for a freeze on the recruitment, saying that JSC had already set the process in motion that curtails the purpose of the petition in court.
“Until now, my client has not been given a dismissal letter to the effect that she has been terminated from her duties,” he told the judge. Further, the advocate stated that if the case is not determined in due time it would render their case null.
Inter-parties
Senior Counsel Paul Muite for the JSC, asked the court not to grant the orders since the case was to be filed and will be heard inter-parties.
He said: “It would be inequitable for orders to be given before the respondents respond to the issues raised in court by the petitioners.”
In order for the court to allow the prayer to stop the recruitment process of registrars’ position, which is already advertised and the deadline ends on November 18, then the JSC needs some time to prepare their response.
“If the court grants such orders without the JSC being heard it would be an exparte order and the rules of the court are very clear,” Said Muite.
Justice Nduma Nderi drew his attention to senior Counsel Muites’ concern and said the Industrial Court has a procedure of giving each side time to have their day in court before issuing any orders.
The court will hear the application on November 15, 2013 and decide on whether to issue the orders.
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