Shollei wants her job back after illegal sacking

By FAITH RONOH and KURIAN MUSA

NAIROBI, KENYA: Former Chief Registrar of the Judiciary Gladys Boss Shollei now wants to resume office after the Industrial Court quashed her sacking, terming it illegal.

In a petition to Chief Justice Willy Mutunga yesterday, Shollei’s lawyer Donald Kipkorir argued that her dismissal according to the judgment was a nullity and unconstitutional.

“The sum total of the judgment was that our client’s dismissal from office was a nullity. Her constitutional rights were violated and that she be compensated for the violations,” Kipkorir said.

Kipkorir further asked Mutunga to advise on when Shollei can resume office.

Unfair dismissal

“The law is well developed and more specifically in binding and persuasive authorities of the commonwealth that once the writ of certiorari issues, parties return to their previous positions,” he said adding: “In the foregoing, advise on when our client can resume her office.”

Shollei had moved to court to challenge her dismissal saying she was not given adequate time to respond to allegations labelled against her.

Early this month, Justice Nduma Nderi nullified her letter of removal dated October 18, 2013, and ruled that she had been dismissed unfairly.

“The court has been unable to find any unequivocal admission or plea of guilt to any of the 87 allegations made against her. The Chief Registrer of the Judiciary only responded to her dismissal after the deliberation by the commission in Mombasa in which she did not attend.”

Justice failure

The court in its ruling also found that the Judicial Service Commission (JSC) not only acted contrary to JSC Act of 2011 and the regulations there under but also violated the constitutional rights of Shollei.

“The end result was a total failure of justice. The decision by JSC was a nullity as it was made in excess of jurisdiction and in gross violation of the rules of natural justice,” Nderi ruled.

The court was equally unable to find any unequivocal admission or plea of guilty to any of the 87 allegations made against her.

Consequently, Justice Nderi ordered that Shollei be compensated for unfair loss of employment and for the violation of her constitutional right and that a significant inquiry be done.

Kipkorir indicated that they will go back to court to quantify her compensation for the violation of her rights and costs incurred.