Civil society wants CJ Willy Mutungas tenure extended

The National Civil Society Congress has proposed for the extension of Chief Justice Willy Mutunga’s tenure until the current crisis in the Judiciary is resolved.

Speaking during a press briefing, the congress chairman Morris Odhiambo said they have petitioned to rescind to the decision to retire on June 16th and they are waiting for his response.

This comes after the Judicial Service Commission (JSC) rejected negotiations on the retirement age of Judges at 70 years of age.

In a statement, JSC argued that the commission has no jurisdiction to extend the tenure and retirement age of judges.

“This particular issue has been heard and determined by a total of twelve Judges of the Superior Courts who have all reached a unanimous determination that the retirement age is 70 years. Five in the High Court and seven in the Court of Appeal,” read the statement from the JSC in part.

“The Commission does have the power to confer a benefit or Service which has already been extinguished by the Constitution and confirmed by the High Court and the Court of Appeal. The Judicial Service Commission has subsequently conveyed its decision to the LSK in the presence of its lawyers that because of the above reasons, it is not amenable to mediation.”

Justices Kalpana Rawal and Philip Tunoi are challenging a decision by the Court of Appeal that all judges must retire at the age of 70, in accordance with the Constitution.