Blow to Rawal as court rules she must leave office

Deputy Chief Justice Kalpana Rawal has lost her application to continue serving in the Judiciary past her age of 70 years.

This was after the High Court ruled that she has to retire at the age of 70, as contained in the constitution.

In their ruling, the five-judge bench faulted Judicial Service Commission (JSC) saying they did not follow the proper statutory procedure in advertising for the position of Deputy Chief Justice.

The bench further added that the JSC should have instead waited for the Chief Justice to declare the seat vacant before advertising for the job.

Deputy Chief Justice Kalpana Rawal had earlier moved to the High Court to protest JSC’s move to retire her saying that their decision to retire judges at 70 years is unconstitutional as they are not their employers.

The Deputy CJ further wanted the High Court to put the retirement age for judges at 74.

JSC, however, opposed Rawal’s application that also opposes the process to replace her, saying when Rawal applied for her job in 2013, the new constitution was already three years old.

JSC also argues that the process of recruiting a Deputy CJ is long and will be concluded after Rawal attains retirement age of 70 next year, hence the need to start the recruitment process early.

The commission further maintained judges’ retirement age of 74 was set in the Judicature Act but the new constitution sets it at 70 years and must prevail.

Speaking on Citizen TV’s Cheche on Tuesday, Chief Justice Willy Mutunga said that Rawal and other judges have the constitutional right to petition the courts on the matter of their retirement.

Declining to comment on whether judges should retire at 70, Mutunga said that he would uphold whatever ruling the High Court makes.

During the same interview, the CJ revealed that he has opted to retire earlier than the constitutionally set date of June 2017 saying that his early retirement will allow for ample time to find his replacement.

He explained that it was in the best interest of the country for him to leave office early, as the state needed to have a fully functioning Supreme Court as it heads to the polls should any party challenge the poll results.