Boycott courts led by judges over 70 years LSK

Boycott courts led by judges over 70 years  LSK

The Law Society of Kenya (LSK) is now calling on its members to boycott all courts being presided over by judges who have attained the retirement age of 70 years.

LSK says it is unfortunate that the question of the retirement age of judges has become such a contentious matter despite there being clearly set constitutional guidelines.

 

The lawyers’ body further says that due to the contest on the retirement of the judges, it will now petition the Judicial Service Commission (JSC) to commence the removal of such judges on grounds of gross misconduct and misbehavior, breach of judges code of conduct or violation of express provisions of the constitution, the spirit and aspiration of the Constitution.

 

LSK further says that it will petition parliament for an appropriate remedy on the contested issue.

 

The body said that; “It is equally regrettable that judges who have reached or about to reach the constitutionally prescribed retirement age of 70 years have opted to file suits against their employer, the Judicial Service Commission and the government.”

 

“The practice all over the world and in particular the commonwealth is that a judge should always refrain from litigating before his fellow judges. It is even murkier when a judge of a higher court like the Supreme Court litigates before his or her juniors,” added LSK in a statement signed by Chairman Eric Mutua.

 

LSK said that the refusal by judges to retire at the prescribed age of 70 years is likely to lead to a constitutional crisis that may be occasioned by judges who have reached the constitutional retirement age and continue to sit and render decisions.

 

“In event that the retirement age is conclusively determined as 70 years then what would be the status of the decisions made by such judges?” posed LSK.

 

LSK further says that the failure by judges to retire at the prescribed age means that; “The Judicial Service Commission and the government shall be liable for any consequential loss and damages that may be occasioned to any affected party/member of the public because of having allowed such persons to adjudicate over disputes.”

 

“In event this matter is not resolved before the 2017 General Elections then chances are that any party may be at liberty to challenge the capacity of the Deputy Chief Justice, the Hon. Justice Rawal and the Hon. Justice Tunoi to hear any Presidential election petition that may be filed. Worse still any decision by the two judges may be challenged in terms of its legitimacy,” added LSK.

 

The statement by LSK comes just a day after the Deputy Chief Justice Kalpana Rawal moved to the High Court to challenge her retirement by JSC.

 

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LAW SOCIETY OF KENYA LSK Kalpana Rawal Dr Willy Mutunga Boycott courts led by judges over 70 years - LSK Eric Mutua Philip Tonui

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