AG denies pushing for the retirement of Justices Rawal, Tunoi

Attorney General Prof. Githu Muigai has distanced himself from allegations that he was indirectly pushing for the retirement of the two Supreme Court Judges; Lady Justice Kalpana Rawal and Justice Philip Tunoi.

Muigai, who was speaking when he received two proposed Bills on registration and incorporation of societies and charities in Kenya and one on tribunals, referred to the two judges as retired despite their ongoing appeals against their retirement at 70 years of age.

This follows an affidavit signed by Justices Rawal and Tunoi seeking the appellate Judge Milton Makhandia to recuse himself from the bench in the retirement case.

The AG, however, sought to set the record straight over his alleged hand in the push for the two to retire as claimed in their affidavit.

“Out of the respect I have for the Court of Appeal and the two ‘retired’ Judges; Tunoi and Lady Justice Kalapana Rawal, I choose not to respond to that irresponsible remark,” said the AG

In the sworn affidavit seen by Citizen TV filed at the Court of Appeal registry, Justice Rawal, through her lawyers George Oraro and Kioko Kilukumi, made the same claims forcing the adjournment of the hearing of her appeal until Justice Makhandia disqualifies himself from the bench.

The affidavits were sworn the same day President Uhuru Kenyatta returned a petition from the Judicial Service Commission seeking the formation of a tribunal to probe Justice Tunoi.

President Kenyatta returned the petition on grounds that the JSC failed to avail the report containing its findings and recommendations pertaining to allegations that the 72 year old judge could have colluded with representatives of Nairobi Governor Dr. Evans Kidero in a case challenging Kidero’s election in 2013.