Court stops JSC from recruiting Deputy Chief Justice Kalpana Rawal’s replacement

The High Court has suspended recruitment of a Deputy Chief Justice for at least 45 days.

A five-judge bench composed of justices Richard Mwongo (presiding judge), Charles Kariuki, Weldon Korir, Hedwig Ong'undi and Christine Meoli further suspended Kalplana Rawal's retirement notice for a similar period in order to allow her to argue why she ought to remain in office until she attains the age of 74.

The five judges, in their ruling yesterday, noted that the case raised heavy constitutional issues that needed time for argument and determination.

In the ruling read by Justice Mwongo, the judges ruled that there would be no harm to the parties if the recruitment for the position was to stop for 45 days.

Justice Rawal, who is also the deputy president of the Supreme Court headed by Chief Justice Willy Mutunga, sued the Judicial Service Commission, accusing it of plotting to remove her even before the question of retirement of judges is addressed.

There is uncertainty over whether judges should retire at the age of 70 or 74. Should the lower age limit be upheld, it would mean three Supreme Court judges, including the CJ, would retire before the next General Election.

Through her lawyer George Oraro, Rawal told the judges that the move by the commission was unwarranted and hasty as she was still in office. The commission served the DCJ with a notice on September 1 and advertised for the position on September 6.