Chief Justice Willy Mutunga has directed that the hearing on the retirement age of Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi be held on Thursday.
According to a statement, the Chief Justice decided to expedite the case due to the speed at which the application was made and the significant public interest it has generated.
Previously, Lady Justice Njoki Ndung’u had suspended the Court of Appeal's decision and directed the case to be heard on June 27, by which time Chief Justice Mutunga would have left the judiciary, potentially causing a quorum issue at the Supreme Court.
Chief Justice Mutunga instructed the Supreme Court registrar to notify the parties to appear before Judges Smokin Wanjala and Ndungu for directions on the hearing of the case.
In a related development, Apollo Mboya, former CEO of the Law Society of Kenya, has filed a petition with the Judicial Service Commission seeking the removal of Judge Ndungu, alleging misconduct in her handling of the case due to a conflict of interest.
Mboya's petition claims that Judge Ndungu and two of her Supreme Court colleagues had previously made statements on the issue of judges' retirement age, and that her actions on Friday were inappropriate given this context.
