BY NAMULONGO PETER,NAIROBI,17TH FEB,2022-The Supreme Court has ruled that the Judicial Service Commission (JSC) erred in firing former Judiciary’s Chief Registrar Gladys Boss in 2013.
The apex court in its ruling on Thursday faulted the JSC for firing Boss from the position which she barely held for one year without providing reasons for her termination.
“The Court sets aside the Judgment of the Court of Appeal dated 19 September 2014; upholds the Judgment of the Employment and Labor Relations Court to the extent that the appellant’s right to fair administrative action and the right to access to information were violated; and refers the case back to the trial court for assessment of damages,” the court ruled.
Boss was dismissed by the Commission which was then chaired by former Chief Justice Willy Mutunga on grounds of inability to perform the functions of the office, misbehavior, incompetence.
Other grounds are violation of the prescribed code of conduct for judicial officers, bankruptcy and violation of the provisions of Chapter Six of the Constitution.
The Court has consequently asked the Commission chaired by Chief Justice Martha Koome to publish all procedures for all of its disciplinary and investigative processes within 90 days from the date of Judgment.
The Uasin Gishu Woman Representative moved to court on grounds that JSC violated her right to fair administrative action by failing to give reasons for her termination and also by failing to give her necessary documents to defend herself.