The Supreme Court has found that the termination of former Chief Registrar Gladys Boss by the Judicial Service Commission (JSC) in 2013 was an error.
In a judgement issued on Thursday, the apex court chastised the JSC for dismissing Boss from a job she had held for less than a year and failing to provide reasons for her dismissal.
“The Court vacates the Court of Appeal’s judgment of September 19, 2014; affirms the Employment and Labor Relations Court’s judgment to the extent that the appellant’s right to fair administrative action and access to information were violated; and remands the case to the trial court for damages assessment,” 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.
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