There is palpable uncertainty hovering above Kenya’s justice system. Friday’s ruling of the Court of Appeal that all judges should retire at age 70, threw the Judiciary into a spin.

Justices Kalpana Rawal and Philip Tunoi had challenged their retirement age, arguing they were hired as judges under the old Constitution, which envisaged that judges should retire at age 74. But the new Constitution stipulates that judges should retire at 70, a position affirmed to apply to all judges by the Court of Appeal on Friday.

The two judges immediately rushed to the highest court in the land, the Supreme Court, and the duty judge, Lady Justice Njoki Ndung’u threw a spanner into the works by issuing conservatory orders, allowing Justice Rawal to retain her job.

The judicial drama continues with a significant number of senior judges involved in some legal matter or their retirement age beckoning. While some are fighting to retain their jobs, others are jostling for higher positions to replace those who will inevitably go home in the near future.

Chief Justice Willy Mutunga is set to retire mid next month, setting in motion a recruitment process for his successor. Justice Mutunga is the President of the Supreme Court and chairman of the Judicial Service Commission.

The Supreme Court, as the highest court in the land, is the one supposed to pronounce itself on a presidential petition if there is a dispute after a General Election. Kenya is preparing for an election in less than 15 months.

There should be noticeable process to reconstitute the Supreme Court so as to be ready for any eventuality after the 2017 presidential contest, which is shaping up to be a hotly contested affair.

The JSC is the body mandated to recruit a CJ, a deputy CJ and other judges. The timelines are stipulated in the Constitution. For the Supreme Court to have a quorum, five judges must be sitting. As things stand, majority of the seven Supreme Court judges cannot hear several matters before the court because either they are interested parties or they are facing suspension.

The paralysis in the Judiciary does not augur well for the nation. Being the court of last resort for groups, individuals and interests in dispute, the Judiciary should always be stable and beyond reproach.

As the custodian of the Kenyan Constitution, the Judiciary should comprise senior most lawyers and persons of high integrity. Judges and magistrates should ooze public confidence such that when Kenyans appear before them, they have faith that justice will be served. The current happenings in the corridors of justice do not inspire any iota of confidence in the system; if anything they erode public confidence in this all-important arm of government.

Of the three arms of government that is the Executive, the Legislature and the Judiciary, the latter is charged with defending the Constitution and interpreting the law. At no one time should there be a vacuum or a crisis of confidence in the Judiciary.

The current crisis calls for urgent action from all stakeholders and a painstaking process to instill confidence among all Kenyans in the justice system. By letting the crisis loom, Kenya is actually courting a dangerous period and opening the door to all manner of disruptive disputes and holding back progress.

Personal interests must be subjected to public interest in handling all matters at the Judiciary. It is true that the rights of every Kenyan, not excluding judges, must be protected and when such rights are threatened; everyone should pursue justice through a court of law.

But even as we all pursue justice, we must be careful to protect the integrity of public institutions. As a country we have gone very far in efforts to reform our judicial system. Care must be taken to safeguard the gains we have made.

The Judiciary, especially the Supreme Court, is a key player in ensuring our Constitution is safeguarded. It is at the Supreme Court, the court of last resort, where presidential petitions are heard and determined. It is in this court where constitutional interpretations are made. Every Kenyan must play a role in ensuring that we protect the integrity of this court in the best interest of this country now and in the future.