Appeals court halts retirement of judges Tunoi, Onyancha pending appeal
Supreme Court Judge Justice Philip Tunoi. He and his High Court counterpart David Onyancha got a temporary reprieve to continue serving after the Court of Appeal stopped their retirement. FILE PHOTO | PHOEBE OKALL |
Supreme Court Judge Philip Tunoi and his High Court counterpart David Onyancha got a temporary reprieve to continue serving after the Court of Appeal stopped their retirement.
Appellate judges GBM Kariuki, Patrick Kiage, William Ouko, James Odek and Jamila Mohammed issued the orders barring the Judicial Service Commission (JSC) not to retire them until their appeal is determined.
“It is hereby ordered through consent by all parties that the commission shall not issue retirement notices to Justices Tunoi and Onyancha pending the hearing and determination of the appeal,” ruled the judges.
The appellate court further directed lawyer Fred Ngatia, representing the two judges, to file by Friday their substantive grounds of appeal against the High Court decision that directed all judges to retire at 70.
The JSC, on the other hand, will have seven days to file its submissions supporting the decision to require the two judges to retire at 70 and not at 74.
The judges added that the hearing of the appeal will, however, depend on the outcome of another appeal by Deputy Chief Justice Kalpana Rawal in which the JSC argued that the judges have no right to appeal against the High Court decision.
