Rawal, Tunoi to remain in office despite retirement age ruling

Rawal, Tunoi to remain in office despite retirement age ruling

Deputy Chief Justice Kalpana Rawal and suspended Supreme Court Judge Philip Tunoi have obtained Supreme Court orders to remain in office pending an appeal against a ruling requiring them to retire at the age of 70 years.

Supreme Court Judge Njoki Ndung’u gave the conservatory orders that effectively blocks the Judicial Service Commission (JSC) from advertising a vacancy and kick-starting a fresh recruitment exercise to replace the two.

In her ruling, Ndung’u said the sudden retirement of the two would leave the Supreme Court bench non-operational since only four Judges will remain after the exit of Chief Justice Dr. Willy Mutunga next month.

Earlier Friday, a five-judge bench led by Court of Appeal Justice GBM Kariuki upheld a High Court ruling that all judges must retire at the age of 70 as per the Constitution.

The appellate court judges said that retirement age of judges is set by the constitution and cannot be a subject of legitimate expectation as alleged by the applicants.

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supreme court judges Deputy Chief Justice Kalpana Rawal Tunoi Rawal suspended Supreme Court Judge Philip Tunoi

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