Chief justice Will Mutunga has appointed a five-judge
bench to hear a case filed by his deputy Kalpana Rawal challenging her
retirement.
The five judges appointed include justices Mr. Richard
Mwongo, Mr. Weldon Korir, Ms. Hedwig Ongudi, Ms. Christine Meoli and Mr.
Charles Kariuki.
On September 1st the JSC issued Rawal with a
retirement notice requiring her to retire at 70 and started the recruitment
process of her replacement.
The deputy CJ has refused to retire arguing that she
was appointed during the old constitution which required her to retire at 74.
Rawal went to court seeking to have the Judicial
Service Commission stopped from the continuing process of recruiting her
replacement saying that it would result in a crisis as there would be two
persons occupying the office of the deputy CJ.
The matter was referred to chief Justice Willy Mutunga
by Justice Isaac Lenaola, urging him to form a three-judge bench to hear her
case.
The hearing of the case has been set for September 30.
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