The dismissal of Gladys Boss Shollei from her position as Chief Registrar of the Judiciary in 2013 became one of the most contentious moments in Kenya’s judicial history.
The Judicial Service Commission (JSC) cited multiple grounds for her removal, including incompetence, insubordination, and alleged mismanagement of KSh 2.2 billion.
These charges painted a picture of a judiciary riddled with internal power struggles and inefficiencies at the time, with Shollei being placed at the center of the storm.
Shollei’s dismissal was rooted in 87 different allegations.
The charges ranged from irregularities in procurement, misuse of public funds, to defying the decisions of the JSC.
Other accusations included human resource mismanagement and violation of Kenya’s Chapter Six of the Constitution, which governs leadership and integrity.
At the time, then Chief Justice Willy Mutunga, who also chaired the JSC, defended the decision, emphasizing that the dismissal followed thorough internal investigations and was meant to restore order in the judiciary.
However, the way in which the dismissal was handled quickly raised questions. Shollei publicly contested the decision, stating that it was politically motivated and designed to stymie the reforms she was pushing in the judiciary.
One of her most initiatives included the digitization of judicial services, which included efforts like live broadcasting of court proceedings.
This was a novel move aimed at improving transparency, but it also reportedly made some senior figures uncomfortable.
Shollei maintained that her removal was less about her performance and more about internal resistance to such reforms.Upon her dismissal, Shollei decided to take the matter to court, challenging the legality of the JSC’s decision.
This legal battle would span nearly eight years, during which Shollei argued that her rights to fair administrative action were violated.
Her main argument centered on the fact that the JSC had failed to provide sufficient documentation or reasons for her termination in their dismissal letter.
The omission of clear, specific reasons not only made it difficult for her to defend herself but also violated Kenya’s constitutional guarantees of fair administrative action and access to information.
In 2022, the Supreme Court of Kenya ruled in Shollei’s favor, declaring her dismissal unlawful.
The court emphasized that the JSC had failed to follow proper disciplinary procedures and violated its own regulations.
According to the court, the JSC had deviated from the mandatory process outlined under the Judicial Service Act, which required the formation of a disciplinary panel to review allegations before any dismissal could occur.
The court found that the Chief Justice should not have chaired the disciplinary panel, especially after Shollei raised concerns about bias.
This breach of natural justice significantly undermined the credibility of the entire process.
The ruling by the Supreme Court was a significant victory for Shollei, highlighting the need for transparency and accountability in Kenya’s judiciary.
She was awarded compensation for her wrongful termination, although the case was forwarded to the Employment and Labour Relations Court to determine the exact compensation owed.
The judgment also underscored the importance of fair administrative processes and the rule of law in handling cases involving senior officials.
Despite the challenges that followed her dismissal, Shollei has since built a successful political career, serving as the Uasin Gishu Woman Representative and currently as the Deputy Speaker of the National Assembly.
It remains a crucial point of reference in conversations about judicial reforms and governance in Kenya.
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