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Rawal forced to retire after losing court case

11 December 2015, 18:32 Dennis Masinde

Nairobi - Deputy Chief Justice Kalpana Rawal will retire January after a court threw out her appeal to change her retirement age from 70 to 74.

The 5 judge bench ruled Friday that Rawal would have to respect the wishes of the new Constitution which states that Judges retire at 70.

She had argued that when she took oath of office as a judge, which was in the old Constitution, the retirement age was 74.

That though, has been declared null and void.

" The ruling is that Justice Rawal will retire when she reaches the age of 70 on January 16,2016 as is required in the Constitution," the 5 judge bench ruled.

" You can’t take marriage vows and still claim to be single,” the judges said in reference to Rawal’s oath and allegiance to the new constitution.

" To argue that justice Rawal’s tenure transited under the transition clause of the old constitution is absurd as there is no way two constitutions can be in force at the same time," the judges said.

Justices Richard Mwongo, Christine Meoli, Weldon Korir, Hedwig Ong’udi and Charles Kariuki were tasked with making the final decision as regards the case.

The position of the Deputy Chief Justice is supposed to fall vacant in January next year when Rawal attains the age of 70.

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