Rawal wants appeal heard sooner

Deputy Chief Justice Kalpana Rawal now wants the Supreme Court to hear the appeal against her retirement from the 24th of June as opposed to a directive by Chief Justice Mutunga.

Through her lawyer Kioko Kilikumi, Rawal, opposed the directive by Mutunga which overturned Supreme Court Judge Njoki Ndungu’s directive for the case to be heard starting last week and not June 24th.

Rawal’s plea was supported by Law Society of Kenya (LSK) lawyer Elias Masika and Kituo cha Sheria lawyer John Khaminwa, but the Judicial Service Commission (JSC) through lawyer Ahmednassir Abdulahii opposed Rawal’s argument.

Rawal moved to the Supreme Court after the court of appeal ruled that she must go on retirement like all other judges who retire at the age of 70.

Chief Justice Mutunga had 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 last week 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.

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.