The genesis of these matters now before the court is the judgements of the Court of Appeal in Civil Appeal No. 1 of 2016, Justice Kalpana H. Rawal vs Judicial Service Commission & four others; and Civil Appeal No. 6 of 2016, Justice Philip K. Tunoi & another vs Judicial Service Commission & another.
The Court of Appeal delivered its judgements on May 27, 2016, in which it dismissed the two appeals with the consequence that it affirmed the High Court decision to the effect that the retirement age for judges appointed under the old Constitution is 70 years.