, NAIROBI, Kenya, Jun 15 – Retirement letters have been dispatched to Kalpana Rawal and Philip Tunoi, marking start of the process to replace them as Judges of the Supreme Court.
The two were part of the seven-member bench, which also includes Chief Justice Willy Mutunga who retires on Thursday.
“Retirement letters for both have gone out,” a source at the Judiciary told Capital FM News in response to enquiries.
CJ Mutunga exits the Judiciary a year ahead of his scheduled retirement, due to what he termed as a desire to avoid a constitutional crisis during the election year.
The fate of Rawal and Tunoi was sealed by the Supreme Court on Tuesday after it upheld the decision of the Court of Appeal declaring they should retire at the age of 70.
“The decision of the Court of Appeal stands but I will not say it’s final. The applicants have a right to appeal to a Supreme Court differently constituted,” CJ Mutunga directed in issuing final orders of the court.
The Supreme Court vacated a decision made by Justice Njoki Ndungu staying the decision of the Court of Appeal, but Rawal’s and Tunoi’s lawyers immediately lodged applications seeking extension of Justice Ndungu’s order for 21 days.
The Judicial Service Commission and activist Okiya Omtatah vigorously opposed the fresh applications.
The Supreme Court is expected to deliver its ruling on those applications Thursday.