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Shollei raises concern on 'piece meal' charges

COUNTIES
By Nanjinia Wamuswa | December 5th 2015

Former Chief Registrar of the Judiciary Gladys Boss Shollei is concerned with the manner in which the Ethics and Anti-Corruption Commission (EACC) is handling her case, through piece meal charges.

In a letter dated December 3, 2015, written by EKN LLP Advocates, Commissioners for Oaths and Notaries Public to the EACC and copied to the Director of Public Prosecutions, Ms Shollei terms the intended ‘piece meal’ charges as contrary to Article 157 (11), 47 (1), 10, 19, 20, 21, 28 and 50 of the Constitution.

It states that their client has well founded fears that a barrage of charges are about to be unleashed on her on a ‘piece meal’ basis. That, all the charges arise from her previous duties as the Chief Registrar of the Judiciary. “As you are aware, our client is in court facing a similar charge involving the Chief Justice’s house.

Our client is now aggrieved that this action undermines her constitutional rights to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair,” stated the letter.

It continues that Shollei is not complaining about being investigated or charged, nor does she take this action to stall the search for truth and justice. She, however, abhors the method now being adopted by the EACC, which amounts to an abuse of legal process as it amounts to harassing her without an end in sight.

Shollei believes the EACC is not looking for publicity, therefore they should have investigated the current charge involving the Chief Justice’s house and consolidated this with any other investigations including the Mavoko Law Courts project - which (even without going into the merits of the matter) cannot be said to be new discovery.

in the letter signed by Paul Ng’arua, Shollei wants the Director of Prosecutions Keriako Tobiko’s office to intervene expeditiously to check and reign in on the EACC in the interest of administration of justice, and his duty to prevent and avoid abuse of the legal process by demanding that EACC consolidate all its investigations, in this regard, and to present them to his attention as a comprehensive whole, rather than in abusive ‘piece meal’ fashion.

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