A landmark ruling is expected from the panel of Supreme Court judges on Tuesday.
The Judgment could either send the very court on a temporary halt or bring the prevailing crisis to a halt.
The court will decide whether it has the powers to decide the retirement age of Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi. The decision will also determine whether the two judges will proceed to retirement.
Earlier, Judge Justice Njoki Ndung'u suspended the implementation of the Court of Appeal decision and allowed the two judges to continue serving. Ndung'u directed that the case be heard on June 24 but Chief Justice Mutunga directed that the matter be heard by a five-judge bench of the court on June 4.
The DCJ through her lawyer, Kioko Kilukumi opposed the directive by the CJ saying he interfered with the orders of Ndung'u. Kilukumi pressed for the matter to be heard on June 24 as earlier directed.
Kalpana's counsel insists the matter can be heard even after the Chief Justice has retired.
The Chief justice will retire on Thursday leaving the Supreme Court with only four active judges.
If Judge Rawal's plea is sustained, she will have to act as the chief justice from Friday with her appeal pending in the very court she will be heading.
Judges Rawal and Tunoi 70 and 72 respectively, are fighting to remain in office after the JSC directed that all judges retire at 70.