The judges’ retirement case that plunged the country into judicial crisis was set for a crucial turn.
This is after a 5 judge bench of the Supreme Court was expected to make a ruling on whether they have the jurisdiction to determine the case in which Judges Kalpana Rawal and Philip were challenging a court of appeal verdict to retire at the age of 70.
Activist, Okiyu Omtata filed an application challenging the court’s jurisdiction to hear the case as the judges’ impartiality was in question. In his preliminary objection, Omtata argued that the 5 judge bench cannot entertain the matter as they have publicly taken a stand in the case.
On Tuesday afternoon, the judges made their way to the court ready to make their ruling as lawyers of different parties anxiously awaited to hear their stand.
Justice Mohamed Ibrahim was the first one to take the stage and after an hour of reading his judgement. Ibrahim disqualified himself on the basis of conflict of interest.
Judge Jackton Ojwang followed to make his ruling saying he was ready to hear the appeal case as it is the constitutional right of Rawal and Tunoi for their case to be heard. He was followed by Justice Smokin Wanjala who also disqualified.
It was a sigh of relief for Kalpana Rawal and Philip Tunoi team when Justice Lady Njoki Ndung'u second Juddge Ojwang's decision of hearing the case.
Chief Justice Willy Mutunga gave Rawal and Tunoi a major blow as he declined to hear the case allowing the court of appeal judgement that Rawal and Tunoi should retire at 70 and not 74 as they challenge.
Rawal and Tunoi, however, through their lawyers, applied to suspend Tuesday's judgment, but the CJ directed them to appear in court on Thursday for directions.