Deputy Chief Justice Kalpana Rawal has moved to the Court of Appeal to challenge the High Court's verdict that judges should retire at 70 years.
The DCJ, judges Phillip Tunoi and David Onyancha filed their notice of appeal contesting the ruling that would see them exit the Judiciary after attaining the retirement age.
Already, justices Tunoi and Onyancha had reached the age of 74 and are now seeking temporary orders in the document filed before the court's registry.
High Court judges Richard Mwongo, Weldon Korir, Christine Meoli, Hedwig Ong'undi and Charles Kamau put their foot down against prolonged stay in the Judiciary by ruling that judges should retire minus four years that had been provided by Kenya's old law.
In a ruling that opens up succession lines in the Judiciary, the five judges on Friday ruled Justice Rawal must retire at 70.
Rawal had gone to court to block the Judicial Service Commission (JSC) from recruiting her successor when she attains that age early next year.
"To argue that Justice Rawal's tenure transited under the transition clause of the old constitution is absurd as there is no way two constitutions can be in force at the same time," the judges ruled.
JSC had begun the process of retiring Rawal in September. The appeal case will be placed before a duty judge on Monday next week.
