Rawal’s fate on the Bench left to JSC

Deputy Chief Justice (CJ) Kalpana Rawal’s fate has been left to the Judicial Service Commission (JSC) after the Court of Appeal declined to stop her removal from office pending determination of a suit she filed opposing her pending retirement at 70 years.

The court Tuesday said it cannot issue any orders stopping her retirement until it has determined whether it has the authority to hear Justice Rawal’s case.

The JSC in December applied to have the suit dismissed, arguing that the Appellate Court has no jurisdiction to hear the matter.

The JSC Tuesday said it would not recruit Justice Rawal’s replacement until the Court of Appeal rules on its power to hear the suit on January 29, but declined to give any guarantee that the deputy CJ’s term will be renewed or extended.

“We will not recruit a new deputy CJ until the Court of Appeal’s decision is reached but my client will not give an undertaking that Justice Rawal will be given a new term,” said JSC’s lawyer Ahmednasir Abdullahi.

“No order has been given, we shall just have to take Mr Ahmednasir’s word,” presiding judge GBM Kariuki added.

Justice Rawal was set to join the pensioners’ list this Friday after turning 70 years old. She however filed a suit in September last year seeking another four years as deputy CJ.

She argues that she was hired under the old Constitution hence should be allowed to serve until she is 74 which the old laws allowed.

The High Court last month ruled that Justice Rawal took oath under the new Constitution hence should keep her word and retire at 70.

The JSC holds that Justice Rawal’s rights as regards retirement age are not unconditional as per the Constitution hence the Court of Appeal should dismiss her suit.

But the deputy CJ insists that the Court of Appeal has the right to hear any challenge of a High Court ruling.

“The Court of Appeal has the authority to hear all appeals from the High Court unless expressly limited by legislation,” Justice Rawal’s lawyer George Oraro, held.