Mutunga Sets Up Judges Retirement Age Petition Bench

The petition consolidates the cases filed by Supreme Court Judge Philip Tunoi and High Court David Onyancha together with a similar case filed by Justice Leonard Njagi challenging the requirement that judges retire at the age of 70 years.

The five-judge bench, headed by Principal Judge Richard Mwongo, is expected to hear the matter on a priority basis on consecutive dates no later than March 26th, 2015.

Other judges on the bench are Luka Kimaru, Christine Meoli, Hedwig Ongúdi and Charles Kariuki.

The CJ requested that judgment on the petition be delivered on or before April 30th, 2015.

AGE LIMITATION

In 2011, the Judicial Service Commission announced that the retirement age for judges is 74 years before changing it to 70 years in March 2014. This prompted the two judges to go to court seeking a declaration that the retirement age for all judges be 74 years instead of 70 years.

Article 176(1) of the Constitution sets the age limitation of all judges to be 70 years, though section 9 of the Judicature Act states ‘For the purposes of section 62(1) of the Constitution, the age oat which a person holding the office of judge shall vacate his office shall be seventy-four years.”

In the US, states like Florida, New Jersey and Maryland have the retirement age of Judges at 70 years while Canada has set the retirement age of judges at 74 years.

By Wangui Ngechu and Benjamin Wafula