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JSC opposes ruling on Tunoi retirement
Embattled Supreme Court judge Philip Tunoi. Justice Tunoi is fighting graft allegations which are being investigated by a tribunal. PHOTO | PHOEBE OKALL | NATION MEDIA GROUP
What you need to know:
- According to the team, there was no basis for granting the orders as no urgency was established and no irreparable harm could be occasioned by complying with the Constitution.
- It is alleged that he received Sh200 million to influence the outcome of an election petition challenging Nairobi Governor Evans Kidero’s poll victory in 2013.
The Judicial Service Commission has set the stage for a legal duel with a Supreme Court judge who obtained orders last Friday stopping the implementation of a court verdict that judges must retire at 70.
In an application filed on Monday, the commission, through lawyer Issa Mansur, urged the Supreme Court to lift the orders issued in the application filed by Justice Philip Tunoi.
The team said the orders were obtained without following the law.
The commission also wants the petition filed by Justice Tunoi challenging the Court of Appeal verdict struck out, saying Supreme Court Justice Njoki Ndung’u, who issued the orders, lacked jurisdiction to grant them.
The procedure set in the Supreme Court rules had not been complied with, said the commission.
According to the team, there was no basis for granting the orders as no urgency was established and no irreparable harm could be occasioned by complying with the Constitution.
“Honourable Lady Justice Ndung’u did not consider public interest but elevated Justice Tunoi’s personal interests,” said Mr Mansur in court papers.
The commission has also pointed out that in granting the ex parte orders and directing that the application should be heard on June 24, Justice Ndung’u created a constitutional crisis as there will be no quorum in the Supreme Court to hear the application when Chief Justice Willy Mutunga retires in June.
“The effect of the orders is to allow Justice Tunoi to continue serving beyond the constitutionally permissible age of 70 years. This would be in violation of the law,” it added.
Justice Tunoi is separately fighting graft allegations against him, which are being investigated by a tribunal.
It is alleged that he received Sh200 million to influence the outcome of an election petition challenging Nairobi Governor Evans Kidero’s poll victory in 2013.
The hearing might be terminated if the Court of Appeal verdict is upheld by the Supreme Court, with the effect that Justice Tunoi ceases to be a judge.
The orders stopping implementation of the verdict were also issued in a separate application filed by Deputy Chief Justice Kalpana Rawal.
