Deputy CJ Kalpana Rawal allowed to appeal High Court ruling

The Court of Appeal has dismissed the Judicial Service Commission’s bid to block Deputy Chief Justice Kalpana Rawal from appealing a decision to retire her at 70.

Appellate judges GBM Kariuki, Patrick Kiage, William Ouko, James Odek and Jamila Mohammed ruled that everyone has right to appeal against any decision they do not agree with, and that denying her the chance will be a violation of her rights.

“Her case has raised grave and momentous issues which cannot bypass the Court of Appeal. It is true the dispute involves interpretation of the Constitution which exclusively rests with the High Court, but that does not mean we cannot intervene when she is dissatisfied with the ruling,” they ruled.

According to the judges, there was no substance in the JSC’s application to block her appeal and that denying her the chance will be a violation of her right to fair administration action.

Justice Rawal is appealing against the High Court decision that all judges appointed under the old Constitution had taken a fresh oath of office and must retire at the age of 70 instead of 74.

She argues in her appeal that the High Court made a mistake in applying wrong principals of law in determining the correct retirement ages of judges.

The JSC had, however, objected to her appeal, arguing that the Court of Appeal has no original jurisdiction to hear and interpret the constitutional questions she is raising without any statute giving them the powers.