The case in which embattled Supreme Court judge Philip Tunoi has challenged his retirement at the age of 70, comes up for hearing today at the Court of Appeal.
A seven-judge Bench is to hear a petition against the verdict of a High Court ruling that sanctioned Tunoi’s exit from the Judiciary.
The age-limit case has been billed as some sort of blessing-in-disguise that could accord Tunoi a soft-landing should the second highest court in the land rule against his prayers for continued service in the corridors of justice.
Tunoi’s case will be heard by justices GMB Kariuki, William Ouko, Jamilla Mohamed, Patrick Kiage and James Odek.
Two other judges will be known today after their colleagues Erastus Mwaniki Githinji and Philip Nyamu Waki disqualified themselves from the matter on account of possible conflict-of-interest on grounds that they too are nearing retirement age.
Justice Tunoi and his High Court counterpart David Onyancha moved to the Appellate Court to challenge a judgment of the lower court agreeing with the Judicial Service Commission (JSC) that they retire at the age of 70.
However, Onyancha has since submitted his resignation letter to the Chief Justice asking to be allowed to proceed on terminal leave pending retirement, leave Tunoi to stage the contest alone.
In separate individual suits, Deputy Chief Justice Kalpana Rawal, who sits in the Supreme Court and is Chief Justice Willy Mutunga’s Principal Assistant, and her High Court colleague Justice Leonard Njagi, are contesting their retirement at the age of 70.
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