Bench of judges set to hear Justice Kalpana Rawal case on retirement

The case lodged by Deputy Chief Justice Kalpana Rawal challenging her retirement will now be heard by a bench of judges.

High Court judge Isaac Lenaola in his ruling Thursday sent the file to the Chief Justice who will appoint judges to listen to Rawal's plea.

Justice Lenaola noted that the case had weighty legal issues that need interpretation by more judges.

"It is important to note that the case raises an important question: if the Judicial Service Commission has the mandate to retire judges, and if they should retire at 70 years. I am of the opinion that this calls for an interpretation of a bench of uneven number of judges," Lenaola ruled.

At the same time he noted that the case will not be delayed contrary to what the commission had said on Wednesday.

In the case, Justice Rawal claimed the move by the commission to advertise her position before she attains 74 years was unwarranted and hasty.

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"There does not exist any vacancy in the office of the Deputy Chief Justice and Vice President of the Supreme Court as the petitioner is still in office. The notice published by the respondent purporting to notify the public of a vacancy and kick-start the recruitment process is illegal," the court was told.

The commission served the DCJ with a notice on September 1 and proceeded to advertise the position on September 6 officially beginning the succession battle.

JSC told the court that the need to have the position advertised, even before her exit from office, was driven by the desire to fill it immediately Rawal exists.

Chief Registrar of the Judiciary Anne Amadi said the reason for having Rawal's seat advertised was to avert a possible constitutional crisis. Judges who are 70 years and above are being compelled to stop adjudicating cases.

JSC asked the court to dismiss the case arguing if the order being sought by Rawal is issued, it would lead to a succession hitch in the second-highest office in the Judiciary.

"Chief Justice Willy Mutunga will also be going on terminal leave. In the event that the process of finding a successor to the petitioner is not conducted promptly or halted by the court as the petitioner prays, a constitutional crisis would arise hence paralysing the delivery of justice in the Supreme Court," JSC claimed.