When Supreme Court judges boycotted work

Former Chief Justice Willy Mutunga. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • The judges were against the ‘early’ retirement of the then deputy CJ Kalpana Rawal and Justice Philip Tunoi, although they had attained the constitutionally mandated age of 70.

  • Despite negotiations, the judges remained adamant and filed a case even after they had been promised to be paid full emoluments of the remaining four years.

Supreme Court judges boycotted work for almost a month in 2015 over the contentious issue of retirement age, former Chief Justice Willy Mutunga told the High Court Tuesday.

Dr Mutunga said judges downed their tools between September 29 and October 25, 2015, in protest against the Judicial Service Commission’s (JSC) decision to fix their mandatory retirement age at 70. There was no quorum to handle court business, he added.

The judges were against the ‘early’ retirement of the then deputy CJ Kalpana Rawal and Justice Philip Tunoi, although they had attained the constitutionally mandated age of 70.

Despite negotiations, the judges remained adamant and filed a case even after they had been promised to be paid full emoluments of the remaining four years.

Dr Mutunga told Justice Weldon Korir that relations became frosty and three judges wrote to the JSC expressing their mind on the issue, saying it amounted to interference with operations of the Supreme Court.

JSC treated the letter as a strike notice. When it leaked, lawyer Apollo Mboya commenced a case seeking to have the dissenting judges removed from office.

Constitutional requirement

Afterwards, they downed their tools. The former CJ said he was informed of the boycott by the deputy registrar of the Supreme Court, Ms Anne Asuga.

“The deputy registrar of the Supreme Court informed me there were no judges to handle court business. They were on strike,” said Dr Mutunga. The court had to order the deputy registrar not to list any cases for hearing “as there were no judges”.

The former CJ said 38 judges were affected by the JSC letter, adding that “it caused hue and cry in the Judiciary”. “Was it a decision of the JSC, which you were the chair, that judges exit at 70?” JSC lawyer Charles Kanjama posed.

“It was a constitutional requirement being implemented by the JSC. A majority of judges were for 74 (retirement age),” said Dr Mutunga.