Justice Philip Tunoi’s retirement age case adjourned

The hearing of an appeal by Justice Philip Tunoi challenging a decision by High Court to retire him at the age of 70 has been adjourned.

The seven judge bench of the Appellate Court led by Justice GBM Kariuki adjourned the age appeal case after Tunoi sought the disqualification of Justice Kariuki.

In the application, Justice Tunoi wants GBM to disqualify himself from the appeal since he (Tunoi) had sat in the criminal contempt case that saw him fined Ksh 500,000 in 1994.

Tunoi’s lawyers also cited crucial reports published by the Daily Nation newspaper touching on the matter as a basis they needed to deliberate on before appeal hearing continues.

The court was also told that although Justice Philip Onyancha resigned from operations last week, he instructed his lawyers to continue representing him as the outcome of the case will be beneficial to the remaining judges.

JSC was, however, opposed to the adjournment application saying it was a tactic to delay the case as one judge out of seven cannot affect the case outcome.

Tunoi, through his lawyers, was directed to put in writing the application that wants GBM Kariuki out of the appeal case.

Journalists and members of the public were locked out of the hearing during the morning session to allow the lawyers of the parties to the case to present their submissions.

The application will be heard on 15th February 2016.

Justice Tunoi has since attributed the recent bribery allegations against him to efforts by people opposed to his push for an extension in his retirement age.

Tunoi says he has read both the old and the new constitution passed in 2010 and he is right to demand that he retires at the age of 74 years.