LSK faults judges over retirement age

LSK faults judges over retirement age

The Law Society of Kenya (LSK) has asked the Judicial Service Commission (JSC) to take action against judges who are against its directive to retire judges who have attained the age of 70.

LSK Chair Eric Mutua said Supreme Court Judges Mohamed Ibrahim, Jackton Ojwang and Njoki Ndungu should be punished for openly threatening to down tools if the JSC fails to reverse the move to retire judges who have reached the age of 70.

In a statement to newsrooms, Mutua also claimed that the Supreme Court can be abolished to cut down on government expenditure and allow the Court of Appeal to take over the roles of the Supreme Court.

On Monday, Chief Justice Willy Mutunga differed sharply with his colleagues in the Supreme Court over the decision to retire judges at 70.

In a case that demonstrates divisions that have hit judiciary’s top ranks as the race to succeed the chief justice hots up, Justices Philip Tunoi, Njoki Ndung’u, Jackton Ojwang and Kalpana Rawal said the JSC has no mandate to interfere with judges’ tenure.

However, Mutunga criticized their decision on the grounds that it was not well grounded as the matter is being handled by a lower court.

Rawal, the deputy president of the Supreme Court, and Tunoi have already filed cases challenging JSC’s order retiring them.

The retirement factor is a controversial topic that has seen some judges withdraw their labour as the succession race for Chief Justice Willy Mutunga heats up.

Rawal and Tunoi argue that they were hired before 2010 and should therefore retire at the age of 74 as prescribed by the law then

Mutunga has said he will retire in 2016, a full year before he was expected to leave office.

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Maureen Murimi
Story By Maureen Murimi
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