WE DEMAND FOR TIMELY JUSTICE FOR SHOLLEI "The Law of Natural Justice"

Gladys Boss Shollei, Chief Registrar of Judiciary

Following the recent events in the judiciary, Am not a lawyer but today please allow me give my view of the subject matter. According to my unnderstanding of the law, regardless of the fault, all persons accused, regardless of the accusations have equal rights before the Rule of Natural Justice.

Simply put, the rules of natural justice relate to fairness: they exist to protect the fair dealing with individuals who find themselves before a court, tribunal or any hearing to whose judgement an individual is subject.
In any instance of anyone being before a hearing the individual has a right to be heard. This is often called audi alteram partem.
Linked to this right is the right to be informed beforehand of the allegations against him or her.
The other key rule from which the others are derived is nemo judex in parte sua (no‐one can judge their own case).

The rules of natural justice are enshrined in the English common law and comprise of the following;
To start with, is  The Right to a Fair Hearing.
Under this rule it is expected that Any hearing must allow to the parties before it the opportunity to prepare and present evidence and to respond to arguments presenting by the opposite side.
When conducting an investigation in relation to a complaint it is important that the person being complained against is advised of the allegations in as much detail as possible and given the opportunity to reply to the allegations. This never happened in the case of Gladys Boss Shollei but the allegations prompted immediate forced leave.

Secondly, is The Bias Rule.
This states that no one should be judge in his or her case. This is the requirement that the deciding authority must be unbiased when according the hearing or making the decision.
Additionally, investigators and decision‐makers must act without bias in all procedures connected with the making of a decision.
A decision‐maker must be impartial and must make a decision based on a balanced and considered assessment of the information and evidence before him or her without favoring one party over another.
Even where no actual bias exists, investigators and decision‐makers should be careful to avoid the appearance of bias. Investigators should ensure that there is no conflict of interest which would make it inappropriate for them to conduct the investigation. In the matters pertaining to the registrar of Judiciary, my friend, explanantion is not needed but one can see clearly the breaching of the aforementioned rules. If truly there was no bias in the made decision, then it already appeared to more than enough people that there was bias. The decision makers NEVER listened to the views of the accused yet determined the matter before them.

To add on the above, is The Evidence Rule
In this rule, any administrative decision must be based upon logical proof or evidence material.
Investigators and decision makers should not base their decisions on mere speculation or suspicion.
An investigator or decision maker should be able to clearly point to the evidence on which
the inference or determination is based.
Evidence (arguments, allegations, documents, photos, etc.) presented by one party must be disclosed to the other party, who may then subject it to scrutiny. What logical proof was presented before untimely and immediate send off to leave for Gladys Boss shollei?

Finally is the rule on Decisions
In this principle, Any decision must be one that is within a reasonable range of decisions available to the decision maker on the evidence. Any decision made must always be supported by detailed reasons for the decision that must be disclosed to the parties subject to the decision. Was the decision to send Gladys on forced leave the best of all?

After reading through the above guiding principles, we can unanimously agree that whether shollei was guilty or not, the decision taken was made in haste and without maximum implementation and consideration of the governing law. This was either out of malicious manipulation of powers or negligence of the existing law. It's therefore high time that the status quo retreat and give shollei what she deserves.
Allow me say it once again,

Let's have justice for Shollei.
God Bless Kenya My country.