Shollei was sacked unfairly, Supreme Court rules
It is a big win for former Judiciary Chief Registrar Gladys Shollei after the Supreme Court on Thursday ruled that she was unfairly sacked by the Judicial Service Commission (JSC) and she is entitled to compensation.
In a judgement delivered by a four-judge bench presided by deputy Chief Justice Philomena Mwilu made the finding after overturning the Court of Appeal decision that said Shollei was lawfully sacked.
However, the top court has ruled that Shollei was removed from office by the JSC without being given the reasons for the action, which amounted to a violation of her rights.
“The JSC violated Ms Shollei’s right to fair administrative action by failing to give her reasons for her 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,” the Supreme Court ruled.
The judges also faulted the Court of Appeal’s finding that it would have been impractical for JSC to give specific reasons regarding the 87 allegations in the termination letter.
Shollei, now the Uasin Gishu Woman Representative, was sacked in 2013 over allegations that she misused Kshh2.207 billion belonging to the Judiciary.
The then JSC chairperson Chief Justice Willy Mutunga (retired) had said Shollei was fired for incompetence, misbehaviour, violation of the code of conduct for judicial officers, insubordination and violation of Chapter Six and Article 232 of the Constitution.
But the Supreme Court today ruled that Ms Shollei was removed from office without being given the reasons, which amounted to violation of her rights.
