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Justice Jackton Ojwang's statement on retirement of Supreme Court Judges

By Luke Anami | June 16th 2016
Judge Jackton Ojwang at the supreme court during the hearing of judges retirement age at the supreme court. (PHOTO: GEORGE NJUNGE/ STANDARD)

It is a fact that closely related, highly significant events came to pass in Kenya's Law Courts on May 27, 2016.

Firstly, a case of the greatest interest to the judicial branch, to judges and judicial staff, to the totality of the national Civil Application No. 12 of 2016 governance structures, and to the Kenyan people in general, was decided upon by the Court of Appeal.

That court took a unanimous stand in favour of the Judicial Service Commission, and against the two Supreme Court judges whose retirement age contest had come up for determination with far-reaching implications touching on a good number of other judges in service.

Notwithstanding the logistical obstacles beleaguering their efforts, such as the non-availability of essential process-documents of the Appellate Court, the applicants lawfully moved to the Supreme Court and secured requisite conservatory orders.

From my assessment of the merits of the submissions of learned counsel in this matter, I have to make the following Orders:
(a) The substance of the applicants' objection is upheld; and consequently, the Chief Justice's administrative Orders and directions of May 30, 2016 are declared null. Civil Application No. 12 of 2016

(b) The Judicial Service Commission's application by Notice of Motion in Civil Application No. 12 of 2016, dated May 30, 2016 is, consequently, dismissed.

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