Rawal appeals decision to retire her
21 December 2015, 17:41
Nairobi - Deputy Chief Justice Kalpana Rawal has appealed a decision to retire her.
Rawal was last week sent home by a 5 judge team which ruled that the DCJ must retire at the age of 70, while she wants to retire at 74, citing the old Constitution as the basis of her argument.
The 5 judge bench ruled that Rawal must comply with the new Constitution which states that one must retire at 70.
She argues otherwise.
" They failed to appreciate that Section 31 of the Sixth Schedule
expressly saved the retirement age of all judges appointed prior to the
effective date, and that those judges should serve the full tenure as
per their appointment under the repealed constitution,” said Rawal through her lawyer Kioko Kilukumi.
The judges though, state that the old Constitution is the past and that Rawal should respect the new one.
" You cannot sing to a different tune once you are married and claim that you abide to a different Constitution," they told her.
Richard Mwongo, Weldon Korir, Christine Meoli, Hedwig Ong'udi and
Charles Kariuki on December 11 ruled that Justice Rawal had bound
herself to abide by the 2010 Constitution when she took a fresh oath of
office and dismissed her case challenging her retirement age.
Rawal is set to retire January 16 when she attains the age of 70.
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