The judges’ retirement case surrounding judges Kalpana Rawal and Philip Tunoi continues to boil as lawyers lock horns to justify their arguments.
During Wednesdays’ preliminary objections, activist Okiya Omtata called for the Supreme Court judges to recue themselves from hearing the case.
Omtata questioned the judges’ impartiality to render fair hearing as some of them have already taken a public position on the issue.
His argument was backed by the Judicial Service Commission (JSC) which argued that matters touching on the judges of the Supreme Court should be determined at the court of appeal. However, Rawal's lawyer, Kioko Kilukumi requested the judges hear the case due to its urgency as it is a matter of public interest.
The Supreme Court is expected to resume today to hear other preliminary objections raised before delivering its ruling on the matters that have arisen.