Judiciary starts process of replacing Deputy CJ Kalpana Rawal

Judiciary has started the process of replacing Deputy Chief Justice Kalpana Rawal who is set to retire on January 15^th, 2016 upon attaining the retirement age of 70 years.

In a statement, the Judicial Service Commission (JSC) says the issue of retirement of Judges has been emotive following a legal opinion rendered by the Attorney General on the matter last year leading to a resolution that the retirement age of judges is 70 years in accordance with Article 167 (1) of the Constitution of Kenya, 2010.

JSC says that it has since been giving notices to judges whose retirement was due.

“It is in this context that JSC consequently served notice to the Hon. Deputy Chief Justice Kaplana Rawal who is  due to retire from office on 15^th January 2016,” read the statement.

“Due to the importance of the office of the Deputy Chief Justice (DCJ) and consideringthe long recruitment process involved, the Commission has decided to advertise the position and commence the recruitment process to have a new DCJ in office by the time the current occupant retires.”

JSC says that upon serving several judges who had attained the retirement with notice, they (judges) moved to court and obtained conservatory orders restraining the Commission from removing or retiring them from office.

Consequently, it was resolved that judges who had attained the retirement age and served with notice will not hear and participate in any further proceedings until the case they filed seeking to stop their removal or retirement is heard and determined.