Judges saved from early retirement
Supreme Court Judges during the delivery of the judgment on the presidential election results petition on March 30, 2013. Thousands of cases will be delayed as Judges of the Supreme, Appeal and High courts enjoy their “summer”.
PHOTO | SALATON NJAU
What you need to know:
- Justice Odunga, while ruling on an application by Justice Khaminwa said that the decision by the commission was unconstitutional.
- The judges argued that they were appointed under the repealed constitution that required them to retire at the age of 74.
The Judicial Service Commission suffered a setback after its decision to send judges into early retirement was quashed.
High Court judge George Odunga’s ruling in effect renders the forced retirement of Supreme Court Judge Philip Tunoi as well as that of David Onyancha and Lady Justice Joyce Khaminwa (High Court) null and void.
Justice Odunga, while ruling on an application by Justice Khaminwa said that the decision by the commission was unconstitutional.
The judge said if he did not restrain the retirement, he would render the court’s determination useless and a pure academic exercise.
Justice Khaminwa was expected retire on June 3.
The three judges opposed a notice sent to them on April 28 by the Chief Registrar of the Judiciary, Ms Ann Amadi, requiring them to quit employment upon attaining the age of 70.
The judges argued that they were appointed under the repealed constitution that required them to retire at the age of 74.
In her application, Justice Khaminwa said that Chapter Six of the Constitution allowed judges appointed under the old law to complete their terms.
She asked the court to grant her a temporary relief to enable her challenge the decision by the commission to retire her prematurely and to equally halt the implementation of the notice.
On Monday, Mr Justice David Majanja asked Dr John Khaminwa, who represented his wife, to serve the commission and the Registrar of the Judiciary and subsequently appear before Justice Odunga.
