Shollei queries legality of JSC’s affidavit

By WILFRED AYAGA

Former Chief Registrar of the Judiciary Gladys Boss Shollei has accused the Judicial Service Commission (JSC) of using illegal and inadmissible documents to oppose a case challenging her removal from office.

Mrs Shollei, through lawyer Donald Kipkorir, on Friday told Industrial Court judge Nduma Nderi that the affidavit the JSC is relying on to oppose her petition is sworn by a person whose office is not recognised by the Constitution.

The affidavit is sworn by Winfrida Mokaya, who is the Registrar of the JSC. Mr Kipkorir argued that such an office is not recognised by law and further claimed the affidavit does not meet the threshold of admissibility.

“The person who has sworn the affidavit alludes to facts without stating on whose instructions she is acting. There must be an individual instructing her,” Kipkorir argued.

He told the court the document is sworn by a ‘stranger’ and should be dismissed.

“Under the Constitution, there is no position of Registrar of the Judicial Service Commission. She is a stranger and her replying affidavit should not be allowed,” he stated.

Kipkorir was making submissions during the hearing of the case in which Shollei is challenging a decision by the JSC to dismiss her on allegations of financial impropriety. She has accused the commission of overlooking  provisions of the Constitution in the decision to remove her from office.

Yesterday, lawyers for the two sides argued over an application in which Shollei has asked the court to reinstate her pending the hearing and determination of the case.

In her application, she also wants the court to halt the recruitment of a new registrar until the matter is concluded.

Kipkorir told the court that the former Registrar of the Judiciary would be willing to proceed on leave if she is reinstated.

“All we want is to show the court that the applicant has a reasonable case to argue,” the lawyer said.

Senior Counsel Paul Muite for the JSC faulted the arguments presented by Shollei and asked her to let the court decide the case on its own merits. He said the affidavit that JSC is relying was properly before the court.

The office of the Ombudsman yesterday applied to be enjoined in the suit as a friend of the court.  The court will rule on Shollei’s application for reinstatement on November 22.