Victory for Rawal as court rules it will hear retirement appeal

Lady Justice Kalpana Rawal. PHOTO | FILE 

By SANDRA CHAO-BLASTO, schao@ke.nationmedia.com

In Summary

• The Judicial Service Commission (JSC) sought to block the case with an application that the court of appeal did not have the jurisdiction to hear the matter.
• With the JSC application dismissed, the appeal will now be heard on February 15.

Deputy Chief Justice Kalpana Rawal has been handed a fighting chance to retain her position after the Appellate court ruled that they could hear her case.

Justice Rawal had filed an application at the court after a five judge bench of the High Court ruled that she had to retire at the age of seventy.

Her employer - the Judicial Service Commission - sought to block the case with an application that the Court of Appeal did not have the jurisdiction to hear the matter.

READ: Rawal’s fate on the Bench left to JSC

Judges GBM Kariuki, Patrick Kiage, William Ouko, James Odek and Jamila Mohammed in today’s unanimous ruling dismissed the JSC application, saying the 2010 Constitution gave them the mandate to hear general appeals.

The move comes as a relief to Ms Rawal who turned seventy on January 15, even as she seeks to elongate her stay at the judiciary by another 4 years.

With the JSC application dismissed, the appeal will now be heard on February 15.

READ: Rawal says JSC insincere in push to retire her at 70