The Law Society of Kenya President Eric Mutua has announced he will convene an LSK Council meeting this week to deliberate on the current debate on retirement of judges.
Mutua said the meeting will consider courses of action that may include asking LSK members to boycott courts sessions presided over by judges who are over 70 years.
He said LSK will also petition the Judicial Service Commission to start the process of removing such judges on accounts of gross misconduct and misbehavior among other factors.
In a statement on Tuesday, the LSK President said it is unfortunate that the question of the retirement age of judges has become such a contentious matter.
Mutua said it was regrettable that judges who have reached the constitutionally prescribed retirement age of 70 have opted to file suits against their employer, the Judicial Service Commission and the government.
“Judges who have reached the constitutional retirement age of 70 years continue to sit and render decisions," Mutua said.
"In event that the retirement age is conclusively determined as 70 years, then what would be the status of the decisions made by such judges?”
He said the Judicial Service Commission and the government shall be liable for any consequential loss and damages that may be occasioned to any affected party or member of the public because of having allowed such persons to adjudicate over disputes.
“In event this matter is not resolved before the 2017 general elections, then chances are that any party may be at liberty to challenge the capacity of the Deputy Chief Justice Rawal and Justice Tunoi to hear any Presidential election petition that may be filed," he added.
"Worse still, any decision by the two judges may be challenged in terms of its legitimacy."