Rawal moves to Supreme Court, granted temporary reprieve
Lady Justice Kalpana Rawal. PHOTO | FILE
What you need to know:
Justice Rawal turned 70 years on January 15 and has been fighting to stay on as a judge in the same courts that she has worked within four decades.
She had filed an appeal on 35 different grounds after the High Court failed to give a favourable ruling.
The appeal was rooted mainly on the basis that she was employed as a judge under the old constitution which allowed for judges to retire at 74 years.
The Supreme Court has granted Deputy Chief Justice Kalpana Rawal temporary relief after Justice Njoki Ndungu issued orders allowing her continued tenure in office to discharge her constitutional and administrative duties.
“Pending inter parties hearing and determination of this application conservatory order is hereby issued directing that the decision of the High court affirmed by the Court of Appeal today to the effect that the retirement age of judges appointed before 27/8/2010 is 70 years be suspended,” Justice Ndungu ordered.
The orders issued by the highest court of the land stop the chief registrar from issuing any retirement notices to Justice Rawal or advertising her position in the media.
The Deputy Chief Justice moved to the Supreme Court on Friday afternoon barely hours after the Court of Appeal dismissed an application challenging her retirement age.
In their Friday verdict, the appellate judges said that “all judges are to retire by the age of 70 years.”
Justice Rawal turned 70 years on January 15 and has been fighting to stay on as a judge in the same courts that she has worked within four decades.
The Deputy Chief Justice had filed an appeal on 35 different grounds after the High Court failed to give a favourable ruling.
The appeal was rooted mainly on the basis that she was employed as a judge under the old constitution which allowed for judges to retire at 74 years.
Her legal battle against her employer, the Judicial Service Commission, began when she received a letter dated September 1 last year retiring her on January 15, the date she turned 70 years.
Justice Rawal was enrolled as an advocate of the High Court in July 1975 after teaching administration and regular police officers at Lower Kabete for a year.
It is at Imenti House practice where she worked from until 1999 when she was appointed Commissioner of Assize.
Her time as judge has not been all smooth sailing.
After being appointed an Appellate judge in 2012, she was considered the best candidate to replace former Deputy Chief Justice Nancy Baraza who resigned in 2013.
The decision by the Court of Appeal would have affected several other judges employed before the promulgation of the 2010 constitution including suspended Supreme Court Judge Philip Tunoi who currently faces a tribunal over bribery allegations.
