In 2013, Uasin Gishu Women Representative Hon. Gladys Jepkirui Boss Shollei was dismissed from her position as the Chief Registrar of the Judiciary (CRJ) of Kenya. Her successful contestation of the dismissal at the Employment and Labour Relations Court was however overturned by the Court of Appeal.
The lawmaker is now all smiles following a ruling by a panel of Supreme Court Judges led by the Chief Justice Hon. Martha Koome and four others, that the Judicial Service Commission violated her right to fair administrative action when dismissing her.
In its ruling, the apex court held that while the Judicial Service Act provides for withholding of disciplinary proceedings, constitutional provisions and importantly, fundamental rights and freedoms override such a provision. As such, the court ruled that JSC’s failure to disclose such vital information to the legislator was tantamount to the denial of her rights to fair administrative action.
The court also directed the JSC to publish all its disciplinary and investigative processes, within a period of ninety (90) days through the Kenya Gazette. The question of assessment of damages was referred back to the Employment and Labour Relations Court