The Supreme Court of Kenya was established under Article 163 of the Constitution as the apex court.
It is the institution mandated with growing Kenyan jurisprudence through constitutional interpretation, adjudicating over presidential elections and is the final authority in any legal dispute. Consequently, it can only be composed of the best legal minds coupled with uncompromised levels of integrity and patriotism.
However, the recent drama surrounding the retirement of the Chief Justice and two Supreme Court Justices proves that our institutions are yet to shed the shackles of the old order.
The spirited fight put up by Justices Kalpana Rawal and Philip Tunoi with regard to their retirement raises a myriad of questions.
The High Court and the Court of Appeal have held that the retirement age is strictly 70 years as per the Constitution. The apex court by referring the matter to mediation erred since a provision of the Constitution is a matter of pure law which can only be determined by a court.
What we have is a Supreme Court that was compromised by personal issues and overblown egos. For the sake of justice and this nation's cohesion, let the whole Supreme Court be reconstituted.
