, NAIROBI, Kenya, June 16 – Judicial Service Commission (JSC) has advertised for the posts of Deputy Chief Justice and a Judge of the Supreme Court to replace Kalpana Rawal and Philip Tunoi respectively.
The advertisements in Thursday’s local dailies come a day after Rawal and Tunoi received their retirement letters marking the start of the process to replace them as Judges of the Supreme Court.
- 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
- Rawal and Tunoi were part of the seven-member bench, which also includes Chief Justice Willy Mutunga who retires Thursday
- The Court is due to rule on the request of the 21-day extension of Ndungu’s order
“The Deputy Chief Justice shall deputise the Chief Justice and be the Vice President of the Supreme Court. Specific functions will entail being responsible to the Chief Justice in the exercise of the duties assigned to him or her,” the advert for the position of deputy Chief Justice stated.
“The DCJ will also discharge any other functions as required of him or her by the Constitution and any other legislation.”
According to the advert, for one to qualify for appointment as Deputy Chief Justice, they must hold a law degree from a recognized University or be an advocate of the High Court and possess at least 15 years experience as a superior court judge.
“The applicant must be a person of high moral character, integrity and impartiality and must meet the requirements of Chapter Six of the Constitution,” it stated.
For the position of the Judge of the Supreme Court, the advert pointed out that successful candidate will have exclusive original jurisdiction to hear and determine disputes relating to the elections of the office of the President arising under Article 140 of the Constitution.
“A judge of the Supreme Court will also hear and determine in its appellate jurisdiction appeals from the Court of Appeal and any other court or tribunal as prescribed by National Legislation,” it pointed out.
“The judge will also give an advisory opinion at the request of the National Government, any State Organ or any County Government with respect of any matter concerning the County Government.”
Rawal and Tunoi were part of the seven-member bench, which also includes Chief Justice Willy Mutunga who retires Thursday.
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 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 Court is due to rule on the request of the 21-day extension of Ndungu’s order.