Deputy CJ Kalpana Rawala moves to court to stop her retirement
Justice Kalpana Rawal at a past event. FILE PHOTO | NATION MEDIA GROUP
Deputy Chief Justice Kalpana Rawal has sued the Judicial Service Commission in a bid to stop it from recruiting her successor.
Justice Rawal, through lawyers George Oraro and Kioko Kilukumi, argued that she is supposed to retire at the age of 74 years and not 70 as stipulated in the Constitution.
“Justice Rawal was appointed under the old constitution which set the retirement age of judges at 74. She cannot now be asked to retire in January next year upon attaining 70 years,” said Mr Oraro.
The JSC had served Justice Rawal with a retirement notice and invited suitable candidates to apply for her position.
JSC officials say they wanted the recruitment to begin and conclude early to avoid a vacuum when Justice Rawal retires on January 16, 2016.
The lawyers, however, submitted that the retirement notice and the subsequent advert for the position were illegal.
Justice Isaac Lenaola certified the application urgent and directed them to serve the commission before a hearing on Wednesday.
