- Court
- Supreme Court of Kenya
- Case number
- Petition 34 of 2014
- Key legal issues
- JSC Disciplinary PrinciplesFair Administrative ActionELRC JurisprudenceJurisprudence Beyond the Bar Table
Case overview
Background
Shollei v Judicial Service Commission is the landmark decision in which the Supreme Court laid down the governing principles for the conduct of JSC disciplinary proceedings. While Mr. Okemwa was not counsel in that landmark Supreme Court Appeal his work was there all the same. In the course of submissions counsel for the parties drew the Supreme Court's attention to four judgments of the Employment and Labour Relations Court — all four arising from matters conducted by Mr. Okemwa. The Supreme Court cited and considered them in arriving at its decision.
What the decision addresses
Key takeaways
- Counsel for the parties drew the Supreme Court's attention to four ELRC judgments arising from matters conducted by Mr. Okemwa.
- The Supreme Court cited and considered all four ELRC decisions in arriving at its landmark judgment on JSC disciplinary proceedings.
- Establishes principles for disclosure, reasons, hearing rights, and administrative fairness under Articles 47 and 50.
Decision
Outcome
The Supreme Court set aside the Court of Appeal judgment and remitted the matter for determination of appropriate relief.
Why it matters
Practical significance
Jurisprudence Beyond the Bar Table: That is the truest measure of a lawyer's contribution to the law not merely the cases argued, but the reasoning that outlives the file and is carried into the highest court by other hands.
Case summaries are provided for general legal information. Readers should consult the official judgment and obtain professional legal advice before relying on any summary.