Judges want AG Githu Muigai barred from retirement age case

NAIROBI: Two senior judges want a court to dismiss papers filed by Attorney General (AG) Githu Muigai in their case against Judicial Service Commission.

Justices Phillip Tunoi and David Onyancha, through their lawyers Fred Ngatia and Pheroze Noworjee, Tuesday asked the court to bar the AG from appearing in the case until his application to be entered as a friend of the court is heard and determined.

Ngatia and Noworjee in their submissions claimed the AG was not a party in the suit and therefore has no authority to file any response into the case where they are seeking to nullify a circular requiring the senior judges to retire at the age of 70.

The judges accuse JSC of issuing conflicting directives over the retirement age of judges by failing to nullify a circular dated May 24, 2011 which pegged the age at 74.