Connect with us

Hi, what are you looking for?

top

Kenya

Rawal, Tunoi ruling and exit of CJ spell crisis for Judiciary

The Appellate Judges recalled that the 2010 Constitution made crucial governance changes in the Judiciary, in which former Chief Justice Evan Gicheru was required to vacate office within six months, he was replaced by Dr Mutunga in a competitive recruitment exercise, all judges were vetted and the retirement age was reduced from 74 to 70 years.

They upheld the decision made by a five-Judge High Court bench on December 11, last year, that the Constitution did not preserve and save the unexpired period of those Judges who had already reached the 70-year retirement age. Once all the judges were vetted, they subscribed to a fresh Oath of Office and transited to public office under the new supreme law, the court reasoned in its three-hour judgment.

The Appellate Judges dismissed assertions of discrimination and inequality by Justice Rawal on account that two former Judges had been allowed to retire at 74 years. The JSC had wrongly exercised the authority because it had no power to interpret the Constitution, they said.

They rejected Justice Rawal’s complaints that she had been formally informed by the JSC on May 24, 2011 that she would retire at 74 years and her legitimate expectation was shattered when the decision was reversed on March 24, 2014. The court recalled that the JSC had previously placed advertisements for her vacant position in two national newspapers on November 8 and December 4, 2012, with the caveat that the successful candidate would retire at 70 years with an option of 65 years.

Similarly, the Appellate Judges threw out her arguments that she was neither given written reasons for her “premature retirement at 70 years” nor afforded an opportunity to be heard on her objections.

Her claim of legitimate expectation was unsustainable and her claims of violation to fair labour practices unmeritorious, the judges held.

About The Author

Pages: 1 2

Comments
Advertisement

More on Capital News