Tunoi, Rawal cite AG’s hand in retirement suit
Attorney-General Githu Muigai. Justices Kaplana Rawal and Philip Tunoi claim Prof Githu Muigai has been secretly meeting Court of Appeal Judge Milton Makhandia at the Karen County Club to hatch a plot on how to dismiss their appeal against a decision that they should retire at 70. PHOTO | JAMES EKWAM | NATION MEDIA GROUP
What you need to know:
- The two judges claimed Prof Muigai has secretly been meeting Justice Milton Makhandia at the Karen County Club to hatch a plot on how to dismiss their appeal.
The two judges say the AG and other forces within the judiciary have conspired to direct the proceedings and influence opinion to force them out.
Judge Tunoi also wants the presiding judge Justice GBM Kariuki to disqualify himself on grounds he had fined the judge (Kariuki) Sh500,000 for contempt of court in 1994.
Two Supreme Court judges have accused Attorney-General Githu Muigai of trying to influence the outcome of their retirement age dispute.
Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi claimed Prof Muigai has secretly been meeting Court of Appeal Judge Milton Makhandia at the Karen County Club to hatch a plot on how to dismiss their appeal against a decision that they should retire at 70.
“I am aware that Prof Muigai and Justice Makhandia regularly discuss judiciary affairs at the club. My appeal has been the subject of discussion between them and other judicial officers. I am, therefore, apprehensive that Justice Makhandia cannot be impartial in the dispute,” swore Justice Tunoi.
Justice Rawal made the same claims, forcing adjournment of the hearing of her appeal after her lawyers Mr George Oraro and Mr Kioko Kilukumi insisted Justice Makhandia disqualifies himself from the bench.
HARD-LINE STANCE
The two judges say the AG and other forces within the judiciary have conspired to direct the proceedings and influence opinion to force them out.
Justice Tunoi’s lawyer Fred Ngatia argued that Prof Muigai has held a hard-line position that all judges must retire at 70, and his meeting with Justice Makhandia to discuss the dispute showed he wanted to influence the judge to take a similar position.
“Prof Muigai is a member of the Judicial Service Commission and wrote an opinion which was extremely partisan. Despite being partisan in the dispute, he wanted to be joined in the case but the court declined,” said Mr Ngatia.
Judge Tunoi also wants the presiding judge of the Court of Appeal bench, Justice GBM Kariuki to disqualify himself on grounds he had fined the judge (Kariuki) Sh500,000 for contempt of court in 1994.
