LSK offers to lead talks to avert Judiciary crisis

Law Society of Kenya president Isaac Okero during a press conference in Nairobi on May 29 2016.PHOTO DAVID NJAAGA/STANDARD}

The Law Society of Kenya (LSK) has called for arbitration in the ongoing battle between judges and their employer.

LSK said the granting of orders stopping Deputy Chief Justice Kalpana Rawal's retirement represents the greatest challenge to the apex court.

Supreme Court judge Njoki Ndung'u gave orders stopping the Judicial Service Commission (JSC) from retiring Rawal and Philip Tunoi. The orders came shortly after the Court of Appeal had dismissed their appeal against the High Court's judgement on their retirement age. "The challenges that will arise are that it effectively places Rawal by operation of section 5(4) of the Judicial Service Act the acting Chief Justice for six months, upon the retirement of the current CJ in a few weeks, and in a position to constitute the bench of five that will hear her case. Whether she can act as a CJ while beyond the constitutional limit age for the office is likely to attract legal challenge," LSK President Isaac Okero said.

"We are watching a distressing internal battle between judges and JSC. I have reached out and spoken to both parties to offer LSK to lead a process of mediation to avoid a constitutional crisis," added Okero.

He continued: "A further challenge will be achieving a quorum of five judges not conflicted in one way or another over the dispute of the retirement age of judges for the hearing of Rawal's appeal or indeed any application to set aside the conservatory orders." Okero (right) said both parties had expressed openness to arbitration.