The Supreme Court has moved the hearing of the retirement age case pitting Justices Kalpana Rawal and Philip Tunoi to Monday next week to allow the Judicial Service Commission (JSC) to seek an out of court resolve. Parties in the retirement dispute, however, failed to agree on mediation as a medium to resolve the Supreme Court judges’ retirement age row.
A two-hour meeting failed to reach an agreement with Lawyer Ahmednassir Abdullahi for the Judicial Service Commission saying, the Law Society of Kenya (LSK) proposal was no longer an option.
Chief Justice Willy Mutunga however, agreed with arguments by lawyers for the judges and the LSK that there was nothing wrong with giving mediation a chance because it is an approach that is encouraged in the Constitution.
Activist Okiyah Omtatah said mediation should only take place after the two judges agree to withdraw their appeals. He has proposed a mediation approach where the two judges are allowed to stay in office until their successors are appointed.
In his approach, Mr Omtatah wants CJ Mutunga to be allowed to declare a vacancy in the positions held by judges Rawal and Tunoi so that the JSC can advertise the vacancies and start the recruitment process.
The outcome of the mediation meeting, between lawyers for Justices Rawal and Tunoi, the Judicial Service Commission (JSC) and the LSK, will be reported back to the court at 2:30pm.