Victory! Rawal lives to fight yet another day
29 January 2016, 15:01
Nairobi - Deputy Chief Justice Kalpana Rawal will remain in office until her retirement case is determined, a court ruled on Friday.
The Standard stated that Court
of Appeal judges allowed Rawal to challenge a High Court decision
affirming her retirement at 70 saying "we have the authority to hear the
Rawal officially retired when she hit 70 on January 16.
Rawal's appeal arose from a decision by five High Court
judges to send her home. She argued that the High Court made a mistake
in ruling that she retires at 70.
But the Judicial Service Commission objected Rawal’s appeal, saying the judges do not have the authority to handle the matter.
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The JSC began advertising the job pending the determination of the appeal but now they have been told to relax the move, The Star reports.
Justices GBM Kariuki, Otieno Odek, Patrick Kiage, William Ouko and Jamilla Mohammed ruled that everyone has a right of appeal from the High Court and holding otherwise would make the bill of rights an empty promise and meaningless.
It took the judges one hour and thirty minutes to resound that the Deputy CJ's case to battle her retirement age will continue.
Rawal's case will be heard on February 15.
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