The Deputy Chief Justice Kalpana Rawal and suspended Supreme Court judge Justice Philip Tunoi will now be required to retire from the judiciary after attaining the mandatory retirement age of 70.
Late January 2016, the Court of Appeal dismissed an application by the Judicial Service Commission (JSC) seeking to block Deputy Chief Justice Kalpana Rawal from appealing against a High Court ruling requiring her to retire at the age of 70 years.
JSC had moved to court to block Rawal from appealing against a High Court decision calling for her immediate retirement, at the age of 70, in accordance with the new Constitution.
In the ruling, the five-judge bench allowed Rawal to continue serving in her position as the Deputy Chief Justice until her appeal was heard and determined.
Rawal, alongside several other judges, have protested calls for their retirement saying they should be allowed to serve according to the terms of the old Constitution.
Tunoi who is currently facing a tribunal investigating claims of bribery against him and his counterpart Kapana Rawal failed to convince the court on their satay at Judiciary.
The two judges will be going home alongside Chief Justice Dr. Willy Mutunga after the court of appeal dismissed their application seeking to stop their retirement by the judicial service commission.
“It’s a land mark ruling that will have far reaching ramifications on the bench of the supreme court,” the court of appeal ruled that the two judges should retire after attaining the age at 70 as provided in the constitution.