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CJ sets up bench to hear judges’ retirement age case

11 March 2015, 16:18 Samuel Kisika

Nairobi - Chief Justice Willy Mutunga has set up a five-judge bench to hear a constitutional petition on the retirement age for judges.

The petition consolidates the case filed by Supreme Court judge Philip Tunoi, his High Court counterparts David Onyancha and Justice Leonard Njagi challenging the requirement for them to retire as judges upon reaching the age of 70 years.

The bench headed by Principal Judge, Richard Mwongo, is expected to hear the matter on a priority basis on consecutive dates not later than March 26.

Other judges on the bench are Luka Kimaru, Christine Meoli, Hedwig Ongúdi and Charles Kariuki.

The CJ has requested judgment on the petition be delivered or before April 30, 2015.

Read Also: Vetting board re-instates 13 judges, culls 4

There has been a division in the Judiciary on the effective retirement age for judges where judges appointed under the old constitution insist they should retire at 74 years as provided under the old law, and not the 70 years set by the new Constitution.

The judges’ retirement age divisions began last year when the Judicial Service Commission issued a circular informing judges that the retirement age is 70 years, and notifying those nearing this age that they will be contacted individually to discuss plans for their retirement.

This compelled judges appointed under the old constitution to seek court's intervention.

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