Late on Friday, the Law Society of Kenya failed to reach a census with members of the JSC in its mediation on the retirement case facing Supreme Court judges, Kalpana Rawal and Philip Tunoi.
The teams will meet again on Monday morning for a final attempt before the matter is heard by a five-Judge bench of the Supreme Court presided over by chief justice Willy Mutunga.
Mutunga is set to resign on June 16 this year.
In case Kalpana Rawal and Philip Tunoi lose their appeal, the Supreme Court will only be left with 4 judges which is not a quorum for it to sit. Mutunga's departure would also leave the JCS without a substantive chairperson.
It is against this looming dilemma that the National Civil Society Congress has written to the chief justice requesting him to reconsider his decision to retire from office.
National Civil Society Congress president, Morris Odhiambo said the chief justice should extend his term so as to offer a smooth transition. Odhiambo further argued that should Mutunga retire in June then the succeeding regime may not smoothly transit the courts leadership as it is already tainted.
Mutunga overturned a court order by fellow judge, Njoki Ndung'u early this week after it emerged the hearing of the appeal by Judge Rawal would happen way after the chief justice had left the judiciary. The hearing of the appeal was postponed to Monday afternoon to allow LSK meet JSC members over the matter.