Deputy CJ Kalpana Rawal and judge Philip Tunoi face their colleagues in Judiciary duel

Supreme court judges L-R Njoki Ndungu,Jackton Ojwang,C.J Willy Mutunga,Mohamed Ibrahim and Smokin Wanjala during the hearing retirement age for judges at the supreme court. 2/5/2016 PHOTO BY GEORGE NJUNGE

 

The fate of two Supreme Court judges who have refused to retire at 70, now rests in the hands of five of their colleagues. The team led by Chief Justice Willy Mutunga will from tomorrow begin hearings into the appeal filed by Deputy Chief Justice Kalpana Rawal and Judge Philip Tunoi, following collapse of mediation talks. At the centre of it all is whether the conservatory orders granted by Judge Njoki Ndung’u suspending the Court of Appeal decision, should stand. Activist Okiya Omtata has also applied for the entire bench to disqualify itself on account of conflict of interest. The judge’s employer, the Judicial Service Commission has stood its ground that the conservatory order should be lifted and that the pair should retire immediately.