Court fails to issue order extending Deputy Chief Justice Kalpana Rawal's term

Deputy Chief Justice Kalpana Rawal's tenure in office now hangs in the balance after the Court of Appeal failed to give orders extending her term in office until her case is heard and determined.

Justice Rawal turns 70 on Friday and Five Court of Appeal judges who heard her application yesterday did not give any orders allowing her to continue sitting as a judge until the case she filed against her employer is settled.

The Judicial Service Commission (JSC) had opposed the hearing of the case in the court arguing that the Court of Appeal has no powers to hear appeals based on individual rights. This objection has to be determined first.

Lawyers Ahmednasir Abdullahi (left) and Kioko Kilukumi in court yesterday. (PHOTO: GEORGE NJUNG'E/ STANDARD)

This then means that JSC has won, technically, to keep her away from court as she will not report to work when she turns 70.

Appellate Court judges GBM Kariuki, Jamilla Mohamed, Otieno Odek, William Ouko and Patrick Kiage failed to hear her application to stop the Judiciary from advertising or having her out of office until her appeal is settled after JSC raised opposition on the powers of the court to hear appeals based on the Bill of Rights.

The five judges directed that they would give a ruling on whether the court has powers to entertain the case or not in two weeks, after Rawal's birthday on January 29, 2015, leaving her exposed to a notice to retire.

Although JSC gave its word that it will not start recruiting her successor, it has not indicated that she will continue sitting as a judge until the second highest court in the land determines her case.

"We will not recruit until January 29 but we are not undertaking that she will have her tenure extended," JSC lawyer Ahmednasir Abdullahi told the court after Rawal's lawyer George Oraro rose to ask if the court would order for status quo be maintained until then.

Ahmednasir argued that Rawal had moved to court over her rights and thus, just as the new Constitution dictates, her case should go to the High Court or the Supreme Court.