Tuesday, August 20, 2013
House team summons JSC over Gladys Shollei
PHOTO | BILLY MUTAI Chief Registrar Gladys Shollei addresses the Press outside the Supreme Court after she was sent on leave on August 19, 2013. NATION MEDIA GROUP
In Summary
- The National Assembly Committee on Justice and Legal Affairs summoned Mrs Shollei, who was sent on compulsory leave on Monday, to appear on Wednesday afternoon at 2.30pm
- Mrs Shollei was sent on compulsory leave for 15 days
By NATION TEAM
The controversy surrounding the investigation and forced leave imposed on the Judiciary Chief Registrar Gladys Shollei took a new twist on Tuesday when MPs summoned her and the Judicial Service Commission (JSC).
Secretary to the Cabinet Francis Kimemia also waded into the fray with comments on Twitter condemning the action taken against Mrs Shollei.
The National Assembly Committee on Justice and Legal Affairs summoned Mrs Shollei, who was sent on compulsory leave on Monday, to appear on Wednesday afternoon at 2.30pm “to give her side of the story.”
The JSC, chaired by Chief Justice Willy Mutunga, will in turn appear on Thursday at 10am. The investigations ordered by the commission continue uninterrupted.
The House committee chairman, Mr Sam Chepkonga (Ainamoi), told members that they would investigate whether the JSC followed the law in suspending Ms Shollei.
“The committee has powers to remove members of the JSC. If we find they did not follow the right procedure, we will write to the National Assembly to pass a motion and instruct the President to form a tribunal,” he said.
“Judiciary reforms are not a monopoly of a few persons and we need to guard them jealously. We will let them know that non-attendance would have legal implications,” he warned, probably anticipating that the Judiciary might resist interference from the Legislature.
The matter arose as AOB (any other business) during a sitting to discuss the validity of a demand by governors for more money from the Treasury.
STRONG AND VIBRANT
Homa Bay Town MP Peter Kaluma asked for an audit of the procedure used by the JSC against Mrs Shollei, charging that it could have been unfair because she was not informed of the accusations facing her.
“There appears to be a determination to bring down any lady who appears to be strong and vibrant in the Judiciary,” he said.
But lawyer Ahmednassir Abdullahi, who chairs the JSC Finance and Administration committee, said Mrs Shollei would be given a fair hearing. “We will stick only to the truth and make decisions based on the findings,” Mr Abdullahi said, denying reports that he was behind Mrs Shollei’s tribulations. Mrs Shollei has been sent on a two weeks compulsory leave to pave the way for investigations into allegations of malpractice.
The decision was reached at a meeting of the JSC on Monday chaired by Chief Justice Willy Mutunga. The meeting upheld an earlier resolution passed in Mombasa on Saturday.
On Tuesday, Secretary to the Cabinet Francis Kimemia condemned the suspension of Mrs Shollei, arguing that the investigation could have been conducted while she is in office.
“JSC should be fair enough to Mrs Shollei, investigations should be conducted while she is still in office because they’re based on allegations,” Mr Kimemia tweeted.
On Tuesday evening the Judiciary issued a statement saying the two committees set up to investigate Mrs Shollei had started their work. “All the necessary steps are being taken to ensure the decision of the JSC is implemented to the letter within the stipulated time of 15 days,” Judiciary spokesman Naim Bilal said.
Mr Kakai Kissinger, the Acting JSC Secretary, said the two committees, Finance and Administration, and Human Resource Management, held their first meeting where they decided to merge into one committee.
“The committee has assured Kenyans of a professional, open and accountable process of investigation with a view to establishing the truth about allegations,” he said.
“The Judiciary will keep Kenyans apprised of any significant developments on the matter.”
Mrs Shollei was sent on compulsory leave for 15 days pending the verdict of the two committees tasked to investigate the matter. But Mrs Shollei argued that there was no statutory or regulatory provision for sending a Chief Registrar on compulsory leave.
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