The Supreme Court has upheld the ruling made by the Court of Appeal that judges retire at the age of 70.
Chief Justice Willy Mutunga, Smokin Wanjala and Mohamed Ibrahim disqualified themselves from hearing the case filed by suspended Judge Philip Tunoi and Deputy Chief Justice Kalpana Rawal.
The three Supreme Court Judges said they had publicly made their opinions regarding the retirement age of judges, and were likely to be perceived as biased in their rulings.
Other Judges Njoki Ndung’u and Jackton Ojwang’ however said they were ready to hear appeals filed by Tunoi and Rawal.
Tunoi and Rawal want to serve another four years as judges of the highest court in the land.
They argue that they assumed office under the old constitution, which set the retirement age of judges at 74.
The two however, through their lawyer, immediately appealed against the ruling of the Supreme Court.
Dr Mutunga said the final decision of the Court on the matter will be made on Thursday, 11am.
Dr Mutunga is expected to retire on the same day, June 16, 2016.