Gladys Shollei Discharged in Sh310M Case

The Nairobi Anti-Corruption Court has discharged former Judiciary Chief Registrar Gladys Shollei in a corruption case relating to the controversial Sh310 million purchase of the Chief Justice’s official residence.

The case was withdrawn after the Director of Public Prosecutions (DPP) successfully applied to discontinue the proceedings under Section 87 of the Criminal Procedure Code, citing a Court of Appeal decision that impacted the prosecution.

DPP’s Application Allowed

Although the application was opposed by Shollei’s lawyers, Senior Principal Magistrate Felix Kombo ruled that allowing the withdrawal would not occasion any injustice to the accused.

“The accused person will not suffer any prejudice if the application is allowed,” Magistrate Kombo ruled.

As a result, the charges against Shollei relating to the residence purchase were formally terminated.

Background of the Charges

According to the charge sheet, Shollei was accused of abusing her office between April 16 and April 30, while serving as Chief Registrar and Accounting Officer of the Judiciary, by improperly conferring a benefit on Johnson Nduya Muthama Limited.

The prosecution alleged that she approved payment of Sh310 million for the purchase of a fully furnished residence for the Chief Justice.

Other Judiciary Officials Also Charged

Several former senior Judiciary officials had also been charged in connection with the transaction.

They include Francis Kakai Kissinger (former Deputy Chief Registrar), Martin Otieno Okwata (former Director of Supply Chain Management), Benedict Abonyo Omollo (former Director of Finance), and tender committee members Wycliffe Wanga Ombunde, Nicholas Muturi Okemwa, Nicholas Mbeba, and Thomas Oloo Atak.

The officials were accused of engaging in the purchase of the property from Johnson Nduya Muthama Holdings Limited without proper planning and in violation of procurement laws.

Procurement Law Violations Alleged

The prosecution claimed that between October 5, 2012 and June 3, 2013, at the Supreme Court in Nairobi, the accused—being members of the tender committee—jointly purchased the residence without prior planning and ignored the lowest evaluated bid without justifiable reasons.

They were further accused of failing to ensure that the Judiciary did not pay above prevailing market prices for the property.

Separate Charges on Mavoko and Runyenjes Projects

Shollei also pleaded not guilty to separate charges relating to the construction of Mavoko Law Courts, where she was accused of changing the terms and conditions of a contract awarded to Timsales Limited without the approval of the tender committee.

In another related case, Shollei and her co-accused were charged with abuse of office for allegedly awarding a direct tender to Timsales Limited for the construction of the Runyenjes Court Station, contrary to procurement laws, leading to an alleged loss of Sh18.3 million.

The prosecution alleged that the accused unlawfully increased the advance payment to Timsales Limited from 10 per cent to 50 per cent.

Bond Terms

Before the withdrawal of the Sh310 million residence case, the accused persons had been released on Sh1 million bond or Sh300,000 cash bail.