After being dismissed from the Judiciary late last week, Gladys Boss Shollei is fighting back. Our sources indicate that Shollei has instructed her legal team headed by Advocate Donald Kipkorir to file an urgent judicial review application where they intend to contest the legality of the dismissal.
Shollei has been quoted claiming that she was never given a fair opportunity to defend herself. It is believed that when Shollei appeared before the JSC on Friday, she refused to respond to the allegations made against her.
Among the issues she raised include: –
- The jurisdiction of the JSC as an appointing authority as well as disciplining organÂ
- The impartiality of the JSC granting her a fair hearing after some commissioners openly showed bias and hostility towards her.
- Request for an adjournment of the hearings until the court hears and determines the case she had filed in the High Court
- The neutrality of the Chief Justice having been widely mentioned as the Commander of the â€œWar Councilâ€ that had orchestrated a plan to oust her.
When the JSC failed to grant her wishes, she stormed out of the room prompting a furious JSC to give her marching orders.
Having been outwitted within, Shollei has now chosen to wage her battles in the courts of law and public opinion.
In a well crafted strategy that raises more questions on her intention to â€œfightâ€ the JSC, Shollei is set to release an 800 page dossier that is set to shake the core of the Judiciary.
What is more damning in this report is the fact that it has a compilation of what the Chief Justice thinks of prominent members in Government including the President, his Deputy, Cabinet Secretaries, Judges, JSC Members and CORD leaders.
We hope the Shollei dossier will mirror on what transpired during the Supreme Court ruling on the Presidential petition filed by CORD Leader Raila Odinga.
After the curtains finally come down in this high drama, it is believed that CJ Willy Mutunga will be on his way out. Opportunists and tribalistsÂ are taking advantage of the Shollei drama to get rid of Mutunga, will they succeed? well, get popcorns andÂ giant Coke!
Last month the Law Society of Kenya (LSK) threatened to petition the President to set off a process to disband the commission if it mishandles the Shollei matter.
LSK chairman Eric Mutua said then the commission had constitutional duty to conduct its affairs responsibly and beyond reproach and challenged Dr Mutunga to provide firm leadership.
â€œWe will ask the President to set up a tribunal to investigate the conduct of the JSC if it behaves irresponsibly.â€
Mr Mutua and former Nyeri MP and lawyer Wanyiri Kihoro said the matter was an acid test on the credibility of both the CJ and the Judiciary.
â€œDepending on how he handles the matter, it could make or break the Judiciary. The buck stops with the Chief Justice,â€ said Mr Mutua.
As the Chief Registrar, Mrs Shollei works for the Chief Justice, overseeing the day-to-day operations of the Judiciary.
But as the chairman of the JSC, which is the registrarâ€™s accuser, Dr Mutunga would have to take part in making a decision on her fate.
The Chief Justice was among the four JSC members who voted against the decision to send the registrar on compulsory leave to allow for investigations but his team was outnumbered.
Dr Mutunga is said to be exceedingly uncomfortable with controversy that depicts the JSC as a divided house and could taint the image of an institution struggling to regain its footing and earn public confidence.
â€œI donâ€™t envy the Chief Justice,â€ said Mr Kihoro. â€œHe has a duty to provide leadership while ensuring that the guiding light is fair play, integrity and national interestâ€.
â€œIt appears he does not intervene on internal matters early enough,â€ said Mr Kihoro.