, NAIROBI, Kenya, Dec 11 – Deputy Chief Justice Kalpana Rawal has lost a bid to block her retirement.
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.