CHIEF Registrar Gladys Shollei has armed herself with a comprehensive dossier to show that she was not at fault in her administration of the judiciary.
She has documentary evidence to show that the Judicial Service Commission approved all the major projects that some commissioners now want to cite as reasons to remove her from the judiciary.
On Thursday, Shollei withdrew her petition against her suspension after entering into a consent agreement with the JSC.
However, on Friday commissioner Ahmednasir Abdullahi dismissed the agreement as a "mere technicality" before Shollei's eventual prosecution for financial impropriety.
Shollei has said she is going to sue Ahmednasir for libel and will seek his removal from the JSC.
When she appeared before a parliamentary committee last week, she told MPs that commissioners Ahmednasir, Justice Mohammed Warsame and Chief Magistrate Emily Ominde were behind her suspension.
The JSC had not asked Shollei for any explanation before suspending her to allow for investigations last month.
She has now gathered concrete evidence including JSC minutes to prove that the commission discussed and approved the five major projects that some commissioners have singled out as cases of impropriety.
The projects include the Sh1 billion renovation of Milimani Law Courts, the purchase of a house in Runda for Chief Justice Willy Mutunga as well as lease of premises at the Elgon Place and Rahimtulla Building in Upper Hill.
On the purchase of a residence for the CJ, Shollei intends to unleash JSC minutes of May 10, where the commission approved the purchase of a house in Runda from Johnson Nduya Muthama Holdings Ltd at a cost of Sh310 million. The property owner had initially tendered at Sh425 million.
Also captured in the minutes are that Ahmednasir, who chairs JSC Finance and Administration Committee, informed the commission that his team on April 26 discussed a report on the purchase of the CJ house and approved the purchase of LR No 7785/131 Runda Ridge from Muthama Holdings.
A total of five properties were on offer after JSC advertised in an open tender.
Commissioners who attended the meeting that approved the purchase were Ahmednasir, Dr Smokin Wanjala who was the chair, Mohammed Warsame, Emily Ominde, Florence Mwangangi, Samuel Kobia, Attorney General Githu Muigai and Shollei as the secretary.
Shollei also has JSC minutes to prove that the lease of the Court of Appeal premises at Elgon Place at Upper Hill was done in an open tender, appraised and approval awarded through a resolution in January.
The meeting was chaired by CJ Willy Mutunga and attended by five other commissioners and Shollei as the secretary. Those present included Ahmednasir, Wanjala, Christine Mango, Florence Mwangangi and Titus Gatere.
During this meeting the JSC rescinded a decision of December 21, 2012 that had stopped the leasing of the Elgon Place premises.
The minutes read that JSC was “satisfied that all legal requirements had been adhered to”, as far as the Elgon Place premises was concerned.
In the deal, which had already been approved by JSC tender committee on November 23, 2012, the judiciary is to spend Sh8.3 million per annum or Sh688,000 per month for the 34,400 square feet space it occupies at Elgon Place.
“The process was through open tender and advertised on October 2, 2012. The JSC was appraised and approved the award through a resolution on January 21st, 2013,” Shollei had indicated in her defence.
She also plans to prove that the lease of Rahimtulla Building was approved by JSC at the same (January 21) meeting with all details captured in the minutes.
On the Sh1 billion renovation of Milimani Law Ccourts, Shollei’s defence is that the building was commissioned on February 24, 2010 before her appointment as the Chief Registrar of the Judiciary on August 22, 2011.
She will argue that the repairs undertaken later in January 2012 were done by the same contractors at their cost.
On purchase of vehicles, Shollei's defence is that the JSC uses a pre-negotiated contract by the government. The policy was circulated to government institutions in circular No R04/2011-2012 of November 29, 2011 from the Mministry of Public Works.
On allegations that she hired staff irregularly, Shollei will say that at the beginning of her tenure, she requested Treasury, the Public Service Commission, the Ethics and Anti-Corruption Commission and other government bodies to second officers.
She will argue that upon appraisal by the JSC, the commission resolved to employ some of them through a resolution dated December 12, 2012.
On allegations of undue interference with cases, Shollei's defence is that her office does not interfere with court proceedings.
On claims that she received per diem for trips she did not undertake, Shollei will argue that per diem for scheduled trips is paid a few days prior to the date of departure.
“Due to the nature of my work I have to sometimes cancel a trip. In such instances, the per diem is refunded to the Judiciary. Further, the Finance Directorate deducts unremitted imprest and per diem from officers who do not refund the same,” Shollei’s defence reads.
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