August 21st 2017

Top Stories / National

CJ Willy Mutunga, in an unprecedented move, overrules Supreme Court judge, fast-tracking Rawal retirement case

Chief Justice Willy Mutunga has directed the hearing on the retirement age of Deputy CJ Kalpana Rawal and Justice Philip Tunoi be heard on Thursday.

By Waithera Murugiswaithera@kenyafreepress.comTuesday, 31 May 2016 09:30 EAT

Chief Justice Willy Mutunga has directed the hearing on the retirement age of Deputy CJ Kalpana Rawal and Justice Philip Tunoi be heard on Thursday. The CJ said in a statement that, “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 the president of the supreme court to fast track the hearing of the application.”

While suspending the Court of Appeal decision on Friday, Lady Justice Njoki Ndungu directed the case to be heard on June 24. By then, Mutunga would have exited the judiciary and there would be a quorum hitch because the Supreme Court would not have at least five judges required to hear the case. In the statement, Mutunga directed the Supreme Court registrar to notify the parties to appear before Judges Smokin Wanjala and Ndungu tomorrow for directions on the hearing of the case.

Meanwhile, former Law Society of Kenya CEO Apollo Mboya has filed a fresh petition before the Judicial Service Commission seeking removal of Judge Njoki Ndungu. Mr Mboya says Njoki engaged in misconduct in issuing an order on Friday on the  retirement case of Deputy CJ Kalpana Rawal when there was a clear conflict of interest.

He says in his petition that Njoki and two of her Supreme Court colleagues already pronounced themselves on the issue of judges retirement age. On Friday the Appellate court sent judge Rawal and Tunoi home, ruling that judges should retire at 70. 

Waithera is a staff writer at the Kenya Free Press.





Stay Connected