Rawal says JSC insincere in push to retire her at 70

Deputy Chief Justice Kalpana Rawal on Monday accused her employer the Judicial Service Commission (JSC) of being insincere in its decision to have her retire at 70 years when the Constitution was clear on when she would go home.

Justice Rawal, through her lawyers George Oraro and Kioko Kilukumi, said a notice announcing her retirement set for January 2016 was unconstitutional and went against JSC’s earlier decision that all judges who were serving in the old constitution retire at 74.

Mr Oraro was giving his submission before a five-judge bench at the start of the hearing of a case where Justice Rawal is challenging her retirement and recruitment of her replacement.

“The action by the JSC goes against a decision it made on March 25, 2011 when after careful deliberation announced that judges who were working before the promulgation of the 2010 Constitution should continue working until they reach 74 years.

“The decision to renege on its earlier notice, the JSC is openly going against the transitional and consequential clauses which are firmly anchored on the Constitution,” said Mr Oraro.

He told the court that the independence of the judges would seriously be affected if the JSC was allowed to make decisions that undermine the Constitution.

The hearing continues with the JSC and other interested parties giving their submissions in the case.