Gladys Shollei fails to block successor

PHOTO | PAUL WAWERU Mr Bryan Yongo outside the Milimani Law Courts on November 5, 2013 after the hearing of an application in which he is seeking to be enjoined in a petition between the Judicial Service Commission and the National Assembly.  NATION MEDIA GROUP

In Summary

• Mr Justice Nduma Nderi ruled that the Judicial Service Commission would have to file their response first
• Mrs Shollei was sacked on October 18 after two months of protracted dispute with her employer over her management conduct and allegations of misappropriation of funds

By PAUL OGEMBA
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Former Judiciary Chief Registrar Gladys Shollei on Tuesday failed to block the recruitment of her successor. (READ: JSC begins search for new Chief Registrar)

She was told by the Industrial Court that her plea for temporary injunction could not be granted.

Mr Justice Nduma Nderi ruled that the Judicial Service Commission would have to file their response first. (READ: Fight over Shollei sacking moves to Industrial court)

“Industrial Court rules prohibit granting of interim orders and I grant the commission 10 days to respond before the hearing on November 15,” said Judge Nderi.

Mrs Shollei, through lawyer Donald Kipkorir, wanted to block the recruitment of a new chief registrar until her case challenging her sacking was heard.

LOSS OF SH2 BN
Mrs Shollei was sacked on October 18 after two months of protracted dispute with her employer over her management conduct and allegations of misappropriation of funds amounting to more than Sh2 billion. (READ: JSC sends Gladys Shollei packing over Sh2 billion scandal)

The commission advertised for the post and invited applications with the deadline set for November 18.

Mr Kipkorir argued: “Our prayer is not to seek Mrs Shollei’s reinstatement but to put on hold the search for her replacement. The petition will be useless if her successor is appointed before the issues she has raised are determined.”

The former registrar is seeking to quash the decision to send her home. She also asserts that her rights were violated since the allegations against her did not exist in any law and she also wants compensation for termination.

Mrs Shollei says: “I was not allowed to call witnesses and although I denied the allegations, the commission still went ahead to sack me.”

Her plea was taken to the Industrial Court after the High Court ruled that hers was a labour dispute.

At the same time, businessman Bryan Yongo is seeking to be enjoined in the court dispute between the JSC and the National Assembly.

Mr Yongo said that he had asked Parliament to remove a JSC commissioner and the dispute would directly affect him.