NAIROBI, Kenya, Nov 5 – The Judicial Service Commission (JSC) has now been given until Friday next week to respond to an application lodged by Gladys Shollei who wants the process of recruitment to fill her position halted.
Justice Mathews Nduma of the Industrial Court said that he expects JSC lawyer Paul Muite to respond within the period before he makes a ruling on the matter.
Shollei, who is represented by lawyer Donald Kipkorir moved to court to contest her sacking and is also seeking compensation for wrongful dismissal.
Prior to her sacking, Shollei had argued that she was not answerable to the JSC but to the National Assembly, the National Treasury, Auditor General, the Public Procurement Oversight Authority (PPOA) and the Ethics and Anti Corruption Commission (EACC).
She explained that even though the commission insisted on probing her, she never got a fair hearing after she was denied a chance to call witnesses and defend herself.
Shollei maintained that seven of her rights had been violated by the JSC including the right to a fair trial, the right to a public hearing, her right to the presumption of innocence and her right to be heard by an impartial tribunal.
Other rights which she says were violated were the right to due process of the law, her right to inherent dignity and her right to information regarding the material used in the proceedings against her.
Shollei argued that the respondent, in proceeding as it did, to remove the petitioner brazenly and egregiously violated the well established principles of jurisdiction, natural justice and bias.
Shollei had accused some commissioners including advocate Ahmednasir Abdullahi of bullying her so as to get personal favours granted.
The other two are Commissioners Emily Ominde and Mohammed Warsame.
Shollei was sacked on grounds of incompetence, misbehaviour, violation of prescribed code of conduct for judicial officers, violation of Chapter 6 and Article 32 of the Constitution of Kenya and insubordination.