CJ Mutunga appoints five judges to hear Kalpana Rawal retirement case

Deputy Chief Justice Kalpana Rawal at a past event. She has filed an application to challenge her retirement. FILE PHOTO | NATION MEDIA GROUP 

In Summary

• The commission said the labour court could deal with the matter.
• The deputy CJ had asked Justice Isaac Lenaola to appoint three judges to hear her case.

By PAUL OGEMBA
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Chief Justice Willy Mutunga has appointed five judges to hear a case filed by his deputy, Justice Kalpana Rawal, who is contesting her retirement.

Those appointed Wednesday to sit on the five-judge bench are justices Mr Richard Mwongo, Mr Weldon Korir, Ms Hedwig Ongudi, Ms Christine Meoli and Mr Charles Kariuki.

Justice Rawal has refused to retire at the age of 70, arguing that she should only do so when she turns 74, according to the old Constitution.

The deputy CJ had asked Justice Isaac Lenaola to appoint three judges to hear her case, arguing that the dispute does not involve her alone but also touches on the issue of when judges appointed under the old Constitution should retire.

The Judicial Service Commission had held that there were no constitutional questions to warrant a bench because the dispute was between an employer and an employee.

The commission said the labour court could deal with the matter.

Justice Rawal said any recruitment and appointment of her replacement would result in a constitutional crisis as there would be two persons occupying the same office.

But the commission submitted that it is Justice Rawal’s refusal to retire that would cause a constitutional crisis by frustrating its efforts to avoid a vacuum when she retires.

According to Judiciary Chief Registrar Anne Amadi, it would be harmful to the public if the court stops the recruitment of a new deputy CJ as it would interfere with a smooth transition.