Blow to Rawal as court rules judges must retire at 70

The judges said Rawal took oath of office under the current Constitution which sets the retirement of judges at 70 years/FILE

A five judge bench ruled that Rawal must leave office at the age of 70 as provided by the Constitution.

The judges said Rawal took oath of office under the current Constitution which sets the retirement of judges at 70 years.

“You cannot take marriage vows and claim to be single. You cannot therefore turn around and impugn the very same Constitution you swore allegiance to,” The judges said.

The judges have however faulted the Judicial Service Commission for issuing retirement notices, ruling that it was the job of the head of the Judiciary to issue such notices.

The court said JSC’s executorial powers are to discipline and train.

Rawal’s lawyer Kioko Kilukumi told the court that they will to file notice of Appeal Monday morning.

He says they will seek conservatory orders blocking Rawal’s removal pending determination of appeal or until they can make same application before Court of Appeal.

Kilukumi said they need conservatory orders because the Christmas vacation begins on December 18 to January 13 and that Rawal will turn 70, two days after the end of the vacation period.

About The Author

OLIVE BURROWS

With a decade of storytelling under her belt, Olive Burrows has been with Capital FM for the last four years and perhaps most notably interviewed US President Barack Obama. Committed to asking the hard questions and telling the story in the most engaging way possible, she has also interviewed Melinda Gates, a UK Minister and severally had the opportunity to sit across from President Uhuru Kenyatta and address the pressing issues of the day. Other notables she has had occasion to seek answers from are UN Secretary General António Guterres and John Kerry in his time as US Secretary of State.

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