, NAIROBI, Kenya, Sep 23 – Chief Justice Willy Mutunga has appointed a five judge bench to hear his Deputy Kalpana Rawal’s application challenging her retirement.
The bench will be headed by Justice Richard Mwongo who is the Principal Judge of the High Court. The other judges are Weldon Korir, Hedwig Ongudi, Christine Meoli and Charles Kariuki.
Last week Justice Isaac Lenaola referred the matter to Chief Justice Willy Mutunga for the empanelling of a bench
Lenaola ruled that Rawal had convincingly demonstrated that her case goes beyond an employer- employee dispute and has raised questions of law.
Rawal wants the Judicial Service Commission stopped from continuing the process of securing her replacement arguing that as she was employed prior to the promulgation of the Constitution, she should retire at 74 and not 70 years of age.
The JSC had served Rawal with a retirement notice and invited suitable candidates to apply for her position.
JSC said they wanted the recruitment to begin and conclude early to avoid a vacuum when Rawal leaves on January 16, next year.