Lawyers plan to boycott courts presided over by judges who are over 70 years

The Law Society of Kenya (LSK) is seeking to convene a meeting to ask lawyers to boycott courts presided over by Judges who are over 70 years old.

LSK chairman Eric Mutua. The Law Society of Kenya (LSK) is seeking to convene a meeting to ask lawyers to boycott courts presided over by Judges who are over 70 years old. (PHOTO: COURTESY)

LSK chairman Eric Mutua said he will also petition the Judicial Service Commission to commence the process of removal of such judges on account of gross misconduct, breach of Judges Code of conduct and violation of the constitution.

"In order to protect the public interest, I will convene the Council of LSK this week to ask members to boycott all courts that are presided over by any judge who has attained 70 years. LSK will also petition parliament for an appropriate remedy," said Mutua.

In a press statement to news rooms, the LSK chair reiterated that the Law Society of Kenya considers it unfortunate that the question of the retirement age of judges has become a contentious matter.

"It is equally regrettable that judges who have reached or are about to reach the constitutionally prescribed retirement age of 70 have opted to file suits against their employer, the Judicial Service Commission (JSC) and the government. Unless this debate is brought to a close, the institution of the judiciary is likely to be destabilised with dire consequences," he asserted.

As the country nears the 2017 general election, Mutua says, chances are high that any party may be at liberty to challenge the capacity of the Deputy Chief Justice, Kalpana Rawal and Justice Philip Tunoi to hear any Presidential election petition that may be filed.

"Worse still, any decision by the two judges may be challenged in terms of its legitimacy. Unless this debate is brought to a close, the institution of the judiciary is likely to be destabilized with dire consequences. The integrity and reputation of the Judiciary must be guarded jealously by all Kenyans," he added.

He said LSK has expressed concern that if Judges who have attained 70 years of age continue rendering decisions, JSC and the government shall be liable for any consequential loss and damages that may be occasioned to any affected party.

There is uncertainty over whether Judges should retire at 70 or 74 years and should the lower age limit be upheld, it would mean three Supreme Court judges including the Chief Justice, would retire before the next General Election.