Kalpana Rawal has officially received a letter of retirement from the JSC to give up her post as Deputy Chief Justice after Tuesday’s Supreme Court ruling.
It is alleged that the commission is planning to advertise the job and that of judge Philip Tunoi who was suspended over bribery claims. They said the advertisements will run on Thursday.
The future of the two was decided after three Supreme Court judges declined legal actions challenging their retirement at the age of 70.
Chief justice Willy Mutunga, justices Mohammed Ibrahim and Smokin Wanjala downplayed orders demanding the termination of retirement of the two, and ended their services in the judiciary effectively.
Speaking of the case, JSC stressed that judges role in office is provided in Article 167 of the Constitution, which states that judges will retire at the age of 70.
They held that the CJ in moving forward the hearing date of the matter acted in good faith and stopped the circus the case would have turned into if the June 24 hearing were to stand. If the case was to hold on June 24 as had been scheduled, there would be no quorum to hear the case.
According to Mutunga:
“Three judges on this bench having disqualified themselves on further hearing of this matter. There is no competent court before which the application could be properly made. The matter ends there”.
The three judges are Mutunga and justices Ibrahim Mohamed and Smokin Wanjala. They disqualified themselves on Tuesday citing conflict of interest.
They were among five judges who heard the case filed by Rawal and Tunoi challenging their retirement at age 70. Kalpana Rawal turned 70 on January 15 but has been fighting to continue as a judge.
Rawal based her argument broadly on the fact that she was employed as a judge under the old constitution which allowed judges to work until 74 years.
Kalpana Rawal’s legal battle against her employer, the JSC, started when she got a letter dated September 1, 2015 ordering her to retire on January 15 when she turned 70 years.
Meanwhile, Chief Justice Willy Mutunga has retired on Thursday.