Shollei was sacked in 2013 for alleged misuse of Sh2.2 billion and misbehavior during her time as Judiciary's Chief Registrar
Gladys Shollei to be compensated for unfair dismissal from Judiciary
The Supreme Court has overturned an earlier decision that Shollei was dismissed lawfully
The Supreme Court has ruled that Uasin Gishu Woman Representative, Gladys Boss Shollei, was unlawfully sacked from the Judiciary in 2013.
A four-judge bench, led by Deputy Chief Justice Philomena Mwilu, overturned a Court of Appeal ruling which upheld the Judicial Service Commission’s decision to sack MP Shollei.
She was relieved of her duties as the Judiciary’s Chief Registrar in 2013 over the alleged misappropriation of Sh2.2 billion, insubordination, and misconduct while delivering her duties.
The Supreme Court, in its ruling, outlined that JSC had failed to substantiate the 87 allegations made against Gladys, saying the least the commission would have done was give her the grounds for the termination.
“The least that JSC would have done was to enclose its reasons in the removal letter, the same way it enclosed the allegations against Ms Shollei in its letter dated September 10, 2013,” said the Supreme Court.
Shollei was fired under retired Chief Justice Willy Mutunga’s tenure who was also the then chairperson of JSC.
Supreme Court members Chief Justice Martha Koome, Justices Mohammed Ibrahim, Njoki Ndung’u and William Ouko insisted that the failure to provide reasons for firing Shollei indicated a lack of due diligence on JSC's part.
The judges further explained that the lapse had further made it difficult for the courts to establish whether allegations made by Shollei against JSC were valid.
“For instance, her allegations that the JSC did not consider her reports and oral submissions in reaching its decision could not be verified without the ruling given on October 18, 2013 and the reasons for her removal,” the court stated.
Shollei’s argument that she wasn’t given adequate time to deal with the case was dismissed by the court who said she had more than enough time to counter allegations laid on her.
The Supreme Court has since forwarded the case to the Employment and Labour Relations Court to determine the compensation the JSC will offer the woman representative.
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