"This is a rogue JSC"! Those were the words an angry Chief Justice Willy Mutunga uttered yesterday as he walked out of the meeting that resolved to send Chief Registrar of the Judiciary Gladys Boss Shollei home for two weeks to facilitate investigations.
The CJ was apparently upset by the decision by lawyer Ahmednassir Abdullahi and four others to force through a vote for the suspension of the Shollei over unsubstantiated claims.
During the heated four-hour meeting, Ahmednassir is reported to have rallied four other commissioners to defeat Mutunga and three others who did not support the proposal to send Shollei home.
The commission failed to make a unanimous decision and when the matter was put to the vote Ahmednassir's carried the day with a 5-4 vote in favor of sending Shollei home.
This means that Sholei will proceed on compulsory leave to facilitate investigations into, among other things, procurement by the judiciary including buildings and generators for all supreme court judges.
Apart from Ahmednassir, others who supported the proposal included Supreme Court Judge Ibrahim Warsame, Professor Christine Mango, magistrate Emily Ominde and LSK representative Florence Mwangangi.
Those who objected to the proposal to suspend Shollei were CJ Mutunga, Reverend Samuel Kobia, Public Service Commission chair Professor Margaret Kobia and Supreme Court Judge Smoking Wanjala.
Sources said Ahmednassir and his group which met in Mombasa over the weekend refused to allow two other JSC members— Attorney General Githu Muigai and Justice Isaac Lenaola—to participate and vote via phone arguing that it was illegal. Githu is with the President in China while Lenaola is in Arusha for an official function.
Rev Kobia who attended the Mombasa meeting where the proposal to suspend Shollei was mooted, yesterday disowned the resolutions reached in Mombasa saying they were made in bad faith.
"He said he was lied to," said a source familiar with yesterday's meeting. Six MPS have come out in support of Shollei and accused those behind her tribulations of being members of an anti-reform cartel.
Addressing a press conference yesterday at KICC the MPs, led by Elgeyo Marakwet senator Kipchumba Murkomen and the Senate Majority Leader Kindiki Kithure, said the cartel was also plotting for Mutunga's succession in two years.
“We are aware that there are some individuals within the judiciary system who feel threatened by the professional manner in which Shollei has been executing her role and their fear that she has the potential to succeed Mutunga,” Murkomen said.
“It is unfortunate that Shollei who has been in the fore front with other reform- oriented judicial officers in fighting corruption is being now being fought by some cartels who want the old order to prevail,” Murkomen added.
Nominated Senator Ziporah Kittony said the “robust leadership which Shollei has shown in the Judiciary has earned her negative smear campaigns to tarnish her reputation”.
“Shollei deserves protection from all the members of the society who are reform-oriented. As women we shall stand by her in asking for fair investigations rather than subjecting someone of high integrity like Shollei to such baseless allegations,” she said.
Kindiki said he and other legislators “ will not allow some commissioners in the judicial service commission to make such serious allegations just because their favours have not been met.” He called on the JSC to carry out thorough investigations in accordance with the law.
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