Lawyer Ahmednasir Abdullahi is the one pushing for the removal of Gladys Boss Shollei from the Judiciary, multiple sources say.
The Judicial Service Commission is scheduled to meet today to discuss her proposed suspension to clear the way for investigations on the way she has been running the Judiciary.
In a statement sent from Canada, JSC secretary Shollei denied any wrongdoing and welcomed a probe.
"I directly report to Parliament and the National Treasury for financial management. I welcome any official audit or query any time," she said.
Shollei was expected back in the country last night. "Shollei has done nothing wrong. We are shocked at what is going on and why Ahmednasir wants her out," said a High Court judge.
According to a programme seen by the Star, Shollei was not supposed to be discussed during the JSC retreat in Mombasa last week but Ahmednasir is reported to have led demands that she be talked about and a resolution adopted.
"This issue was forced on us on Saturday after we saw a story in the media. We were then asked to suspend the agenda of the retreat, discuss Shollei and take a decision on her even though she was absent," said a JSC member who attended the meeting.
Another commissioner told the Star that Ahmednasir was particularly unhappy by the decision by Shollei to start talks with Post Bank over a possible purchase of the bank's building in Mombasa.
"Parliament in its wisdom allocated the Judiciary Sh18 billion to, among other things, buy a building in Mombasa. LSK Mombasa branch has proposed that the Judiciary buys a Post Bank building on Digo Road. Shollei has only asked the bank to do an expression of interest so that the Judiciary can decide whether to proceed with the transaction or not,” said the commissioner.
The commissioner said no money was discussed and the issue is yet to be presented to the JSC for approval.
“But Ahmednasir has approached Shollei to ask if he could propose another building and he was told to do so on condition that due process will be followed," the commissioner said yesterday.
Apart from Ahmednasir, the meeting was attended by Justice Ibrahim Warsame, magistrate Emily Ominde, LSK representative Florence Mwangangi, Justice Isaac Lenaola, Rev Samuel Kobia, Justice Smokin Wanjala and Professor Christine Mango, who was the chair.
Chief Justice Willy Mutunga, the chairman of the JSC, did not attend the weekend retreat because of other official engagements while Shollei has been out of the country on official business.
Article 161 (2) (c) of the constitution establishes the Office of the Chief Registrar of the Judiciary. The constitution provides that the Chief Registrar shall be the chief administrator and accounting officer of the Judiciary.
The Judicial Services Act provides that the Chief Registrar may at any time, and in such manner as may be prescribed under this Act, be suspended or removed from office by the Commission for among other things inability to perform the functions of the office, whether arising from infirmity of body or mind, misbehaviour; incompetence, violation of the code of conduct for judicial officers, bankruptcy, violation of the provisions of Chapter Six of the Constitution; or any other sufficient cause.
Before the Chief Registrar is removed he or she shall be informed of the case against him or her in writing and shall be given reasonable time to defend himself or herself against any of the grounds cited for the intended removal.
In her statement Shollei accused unnamed institutions and networks of fighting her.
"In the last two years the Judiciary has embarked on massive reforms including financial accountability and transparency. In so doing, old corruption networks have been dismantled and new watertight measures have been put in place. However, certain individuals and corporations who have benefited from such vices have resorted to undermining the Judiciary's progressive reforms," said Shollei.
She said although she is the principal accounting officer, all procurement undergoes rigorous approval checks and does not reside in one office.
“Indeed, the Judiciary budget that includes procurement must be approved by JSC. All this information has and is in public domain in line with the new Judiciary policy of transparency and accountability to the people of Kenya," said Shollei.
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