Chief Justice Willy Mutunga will now appoint three judges to hear her case.
This is after High Court judge George Odunga agreed that Rawal's case needs a hearing considering her position and claims made and thus forwarded the file to Mutunga.
Rawal has refused to retire at the age of 70, arguing that she should
only do so when she turns 74, according to the old Constitution.
However the Judiciary Service Commission JSC argues that Rawal signed her deal as Deputy CJ under the new Constitution which puts a retirement age of 70 for Judicial officers.
The JSC says that it will go on with plans to recruit a new Deputy CJ regardless of the ongoing cases.
Registrar Anne Amadi argues that Rawal is trying to bend the law.
" She knows the Constitution and sh knows her standing. We will let the judges deliberate," She said Thursday.
Rawal on the other hand is adamant that there is nothing that will stop her retiring at 74.
" The appointment letter under the old constitution clearly states the retirement age at 74 and that should be adhered to," she states in her plea.
She is due to retire December 31 this year.
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