Deputy Chief Justice Kalpana Rawal can now stay in office and discharge her mandate until the appeal she has filed at the Supreme Court is heard and determined.
The stay order was issued by Supreme Court Judge Njoki Ndung’u barely hours after the Appeals court upheld a ruling by the High Court stating that the mandatory retirement age for all judges is 70.
Rawal’s appeal was filed by her lawyer Kioko Kilukumi.
"Pending inter-parties hearing and determination of this application, a conservatory order is hereby issued directing that the decision of the High Court affirmed by the Court of Appeal dated May 27, 2016 to the effect that the retirement age of judges is 70 years be suspended," said Justice Ndung’u Friday.
She also issued a conservatory order directing the JSC and Judiciary Registrar Anne Amadi from serving any retirement notice to Rawal as well as advertising a vacancy in the office of the DCJ and the vice-president of the Supreme Court of Kenya or to commence in any manner the recruitment process in any media.
The order is a relief to suspended Supreme Court Judge Philip Tunoi who was also challenging the High Court ruling that all judges retire at 70.
Tunoi is currently facing a tribunal over corruption allegations.
Justice Rawal is challenging a decision by the Judicial Service Commission to hire a new DCJ saying she should retire at 74 as per the contract she signed under the old constitution.
The seven judges of the Court of Appeal GBM Kariuki, Milton Makhandia, William Ouko, Kathurima M’inoti, Patrick Kiage, Otieno Odek and Jan Mohamed had upheld the High Court’s decision.
The case which was certified as urgent will be heard on June 24.