JSC move on Shollei was unjust – Ombudsman

August 23, 2013 12:34 pm
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Commission Chairman Otiende Amollo said the JSC cannot act as the accuser, investigator, prosecutor and judge in the same course/CFM
Commission Chairman Otiende Amollo said the JSC cannot act as the accuser, investigator, prosecutor and judge in the same course/CFM
NAIROBI, Kenya, Aug 23 – The Commission on Administrative Justice is accusing the Judicial Service Commission (JSC) of miscarrying justice in the manner in which it handled the suspension of Chief Registrar of the Judiciary Gladys Shollei.

Through a letter sent to Chief Justice Willy Mutunga on Thursday, Commission Chairman Otiende Amollo said the JSC cannot act as the accuser, investigator, prosecutor and judge in the same course.

He noted that the commission had made a resolution that was adopted by the Chief Justice on Monday sending Shollei on compulsory leave while at the same time forming two JSC committees to look into her conduct.

This, he pointed out was an injustice, because the same commission that had decided to suspend her was the one commission that would again investigate her conduct.

“The origination of the allegations appears to be internal to JSC and the total membership of the twin committees investigating form an overwhelming majority of the total membership of the JSC,” argued the office of Ombudsman.

He added that the JSC should have at least invited the Ethics and Anti Corruption Commission, the Auditor General, the Public Procurement Oversight Authority and the Ombudsman to investigate the claims against her so as to ensure she gets a fair hearing.

“In this event, each of these bodies would then present its findings to the JSC to make its determination on how to proceed. This in our opinion would provide a fair, unbiased and transparent process,” he said.

The High Court on Thursday blocked the JSC from probing Shollei’s conduct until an application she has made against three commissioners is heard and determined.

Shollei in her petition accused Commissioners Ahmednasir Abdullahi, Emily Ominde and Mohammed Warsame of pushing for her suspension to settle personal scores.

She stated: “The three commissioners told me to my face that I will pay for any refusal to accede to their demands.”

The JSC commissioners first took their vote on Saturday and then again on Monday.

On Monday, JSC members Attorney General Githu Muigai and Justice Isaac Lenaola were absent.

The commissioners voted 5-4 against Shollei.

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