Deputy Chief Justice (DCJ) Kalpana Rawal has suffered a major blow after the High Court declined to stop the recruitment of her successor.

Efforts by her lawyers, for a second time, to convince Justice Richard Mwongo that he should stop the recruitment process were futile and the judge only gave a hearing date for the case.

Lawyers George Oraro and Kioko Kilukumi on behalf of the DCJ told the court that the advertisement in local dailies on September 6 this year was illegal and thus the actions that followed ought to be halted.

"This honourable court needs to stop the recruitment process that is to start on September 28 pending the hearing and determination of this case," Oraro argued.

In support of the argument, Mr Kilukumi told the court that other judges who were to retire at the contested age of 70 years had been given orders to stop their retirement. He said that Rawal also ought to enjoy similar orders.

The lawyers were asking for the orders similar to those obtained by High Court judge David Onyancha and Supreme Court judge Phillip Tunoi, who argued that judges who came into office under Kenya's old law were given leeway to retire at age 74.

"Justice Rawal cannot be treated differently," the lawyers said.

In opposition, Judicial Service Commission through lawyers Ahmednasir Abdullahi and Peter Kanjama told justice Mwongo that the process will take one month to conclude thus the DCJ would not be disadvantaged.

Yesterday, Justice Mwongo directed the parties to appear before a five-judge bench, which he will be heading, on September 30. The other judges will be Charles Kariuki, Weldon Korir, Hedwig Ong'undi and Christine Meoli.

Justice Rawal, who is also the deputy president of the Supreme Court headed by Chief Justice Willy Mutunga, sued the commission in the High Court, accusing JSC of plotting to remove her even before the question of retirement of judges is settled by the court.

There is uncertainty over whether judges should retire at the age of 70 or 74. Should the lower age limit be upheld, it would mean three Supreme Court judges, including the CJ, would retire before the next General Election. Many see the unfolding scenario as part of the succession battle for the position of the Chief Justice.