Rawal rejects CJ’s decision to fast track retirement appeal case

Rawal rejects CJ's decision to fast track retirement appeal case
Deputy Chief Justice Kalpana Rawal during a past interview. PHOTO: File

Deputy Chief Justice Kalpana Rawal has objected Chief Justice Willy Mutunga’s decision to place her retirement age appeal before a five judge bench and fast-track the hearing date.

Mutunga on Monday, in a signed letter, overturned a decision by Supreme Court judge Njoki Ndung’u that had set the hearing date for 24th June after the CJ goes into his planned early retirement.

Rawal further objects Law Society of Kenya’s  bid to be enjoined in the case, seeking to establish reasons behind the society’s sudden interest yet it never expressed interest when the case was before lower courts.

Meanwhile, activist Okiya Omtata and Kituo cha Sheria have been enjoined in the case while LSK has been ordered to formally apply to be enjoined in the case that threatens to cripple the Supreme court.

Omtata has filed a fresh application wanting the supreme court to disqualify itself from hearing Rawal’s appeal arguing the judges have already taken sides in the matter publicly hence this will affect the outcome.

Justices Njoki Ndung’u and Smoking Wanjala have directed the matters be heard on 2nd June as Justices Tunoi and Rawal seek to have the two matters heard separately.

On Monday, Chief Justice Mutunga convened a 5-judge bench to hear the appeal filed by Kalpana Rawal and Phillip Tunoi on their retirement age.

Mutunga ordered the matter that had been certified as urgent be heard this Thursday, and not June 24th, as was earlier set by Justice Njoki Ndung’u.

“Granted the urgency under which the hearing of the application was sought, and the public interest in this application, I hereby invoke my administrative powers as the Chief Justice and President of the Supreme Court to fast track the hearing of this application,” read Mutunga’s statement.

On Friday, Justice Rawal together with suspended Supreme Court judge Justice Philip Tunoi moved to the Supreme Court moments after the Appeal Court issued the ruling sending them into retirement, insisting they should retire at 74 based on the old Constitution.



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