Shollei awarded Sh13.9 million for unfair dismissal

By Newsflash Reporter

The Judicial Service Commission (JSC) has been ordered to pay Uasin Gishu Woman Representative and National Assembly Deputy Speaker, Gladys Shollei, Ksh13.9 million for unfair dismissal in 2013.

The Employment and Labour Relations Court, following a Supreme Court ruling, found her termination unlawful and granted her maximum compensation equivalent to 12 months’ salary.

Unfair dismissal and legal battle

Shollei was dismissed in October 2013 over allegations of misusing Ksh2.2 billion in Judiciary funds. However, Justice Nduma Nderi ruled that her removal was unjust, noting that she suffered reputational damage and was unable to secure another job for over three years. The court also highlighted that no criminal charges resulted from the allegations against her.

“The petitioner has proved the nefarious schemes by her employer and others to end her career at the Judiciary,” stated Justice Nderi. He added that the compensation was necessary to vindicate the loss and injury she suffered.

JSC’s justification for dismissal

At the time of her removal, the JSC, under then-Chief Justice Willy Mutunga, accused Shollei of incompetence, misconduct, insubordination, and violating ethical standards for judicial officers. She was dismissed following a disciplinary process that she claims was unfair and premeditated.

Shollei alleged that her removal was orchestrated by a four-member “War Council” within the JSC, which staged a biased disciplinary hearing. She maintained that the meeting leading to her suspension took place in Mombasa, where she was neither invited nor given a fair chance to defend herself.

JSC’s defense

The JSC, represented by Senior Counsel Paul Muite, argued that Shollei was informed of the allegations and given time to respond. Muite further stated that disciplinary proceedings did not have to be public and that the Chief Registrar was accountable solely to the JSC, not external institutions like Parliament or the Auditor-General.

“For purposes of disciplinary action, the Chief Registrar is answerable solely to the JSC,” Muite emphasized, dismissing Shollei’s claims as legally unfounded.

Final verdict

Justice Nderi ruled that reinstating Shollei was impractical due to the time elapsed and negative publicity surrounding her removal. He awarded her Ksh13.9 million in damages, stating that the compensation would help mitigate the professional and personal loss she endured due to the unlawful dismissal.