, NAIROBI, Kenya, Jun 16 – Deputy Chief Justice Kalpana Rawal and Supreme Court Judge Philip Tunoi have lost a last ditch attempt to block their exit from the Judiciary.
This is after the Supreme Court declined to reinstate a stay order initially issued by Justice Njoki Ndungu for 21 days, saying there was no bench to handle the matter.
“The matter has ended there,” outgoing CJ Willy Mutunga said in a brief ruling Thursday.
On Tuesday, the Supreme Court vacated Justice Ndungu’s stay order and upheld the Court of Appeal decision declaring that Deputy CJ Rawal and Tunoi should retire since they had attained the age of 70.
Lawyers representing Rawal and Tunoi immediately asked for a 21-day stay of the Supreme Court decision “to enable the aggrieved judges to decide their next course of action.”
But lawyers Paul Muite and Ahmednasir Abdullahi, for the JSC, argued the two judges stood to suffer no prejudice since they could be compensated by way of damages in case they were replaced and then finally won the case.
Retirement letters were sent out to Rawal and Tunoi on Wednesday.