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Mutunga, Supreme Court judges clash over retirement

19 October 2015, 19:03 William Korir

Nairobi -  The issue over the retirement age of judges played out in the open at the Supreme Court after judges differed over the set age following a query brought in court over the matter Monday.

During a hearing to determine the legitimacy of The Bomet Senator's election, the challenger Nick Salat argued that he was not happy with the addition of Justice Philip Tunoi in the panel as he is over 70 years old, which is the current retirement age as prescribed by the new Constitution.

Justices Njoki Ndungu, Jackton Ojwang, Smokin Wanjala and Mohammed Ibrahim determined that the Judicial Service Commission, does not have the competence to determine when a judge may perform their judicial duty.

Chief Justice Willy Mutunga however expressed a different opinion.

" The matter should not have been among the issues the Bench made a determination on," he stated.

He said the High Court was already in the midst of the matter.

Tonui and Justice Kalpana Rawal have already gone to court and have had a court order stopping the JSC ruling implemented.

The say that when they were accepted into the bar, their retirement age was 70 and they would like to keep it that way.

The matter has split the Judiciary with the registrar Anne Amadi being forced to postpone the process of appointing new members to the bench in the meantime.

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