Court to rule on judges retirement age case

Deputy Chief Justice Kalpana Rawal and Supreme Court Judge Philip Tunoi will today know whether their appeals against the 70-year age limit for judges will be heard.

A five-judge bench of the Supreme Court led by Chief Justice Willy Mutunga will determine if it has jurisdiction to hear the applications.

Activist Okiya Omtatah and the Judicial Service Commission have said the court does not have jurisdiction to hear them.

Mr Omtatah filed an application urging the judges not to hear the appeals on grounds that they might be biased.

This might also be the last ruling Justice Mutunga, who will retire on Thursday, will be delivering.

Judges Rawal and Tunoi are aggrieved with the Court of Appeal verdict which affirmed that judges should retire at 70.

The court will also give a decision on the legality of the decision by Dr Mutunga to change the hearing date of the appeals.

The two judges have argued that he acted above the law and undermined orders issued by a fellow judge.