Justice and Legal Affairs committee chairman Samuel Chepkonga (right) and vice chairperson Nyeri County women representative Priscillah Nyokabi (left) when the committee met IEBC at Parliament Buildings, Nairobi July 23, 2013. The committee has summoned the Chief Registrar of the Judiciary Gladys Shollei and the Judicial Service Commission to appear before it. FILE
The Chief Registrar of the Judiciary Gladys Shollei and the Judicial Service Commission have been summoned to appear before a House committee.
On Tuesday, the National Assembly Committee on Justice and Legal Affairs summoned Mrs Shollei, who was sent on compulsory leave on Monday, to appear Wednesday afternoon at 2.30pm “to give us her side of the story".
The JSC, chaired by Chief Justice Willy Mutunga will in turn appear on Thursday at 10 am even though the investigations ordered by the Commission will continue uninterrupted.
The Committee’s chairman Samuel Chepkonga (Ainamoi) told members that it would investigate the process followed by the Commission to determine whether it followed the law in suspending Mrs Shollei.
“The Committee has powers to remove members of the JSC. If we find they did not follow 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 it jealously. We will let them know that non-attendance would have legal implications.”
The matter arose as Any Other Business during a sitting by the Committee to discuss the validity of demands by Governors to ask 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 to send her home charging that it could have been unfair because she was not informed of the issues affecting her.
“There is nothing like sending a judicial staff on a compulsory leave. The Chief Registrar is being sent home without any concrete issues. There appears to be a determination to bring down any lady who appears to be strong and vibrant in the Judiciary,” he said.
“The Judicial Service Commission is sending someone home, and then asking public to give information on issues that are undefined.”
Mrs Shollei was sent home on Monday following a meeting of the JSC. In a vote of five against four, the Commission resolved to have her leave office and pave way for investigation into the alleged malpractice by her office.
But she argued that there is no statutory or regulatory provision for sending a Chief Registrar on compulsory leave, she can only be suspended or removed from office.
The Judicial Service Act allows for her suspension or removal from office if she is bankrupt, unable to work, incompetent, misbehaves, violates the code of conduct or Chapter Six of the Constitution on Integrity.
However, it adds: “Before the Chief Registrar is removed, the Chief Registrar 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.”
The Committee said it would investigate whether some of the members who were absent during the deliberations had been notified of the meeting. Attorney General Githu Muigai and Justice Isaac Lenaola were not present when the decision was made.
The Committee is basing its summonses on Article 125 of the Constitution which grants Parliament or any of its committees, powers to summon anyone to give evidence on a matter of public interest.
However, Mrs Shollei is an employee of the JSC whose appointment is not scrutinised by Parliament. Her removal is also not a subject of Parliament.
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