The Court of Appeal rules that a Judge has no proprietary right in the Position of Judge
 Blow to Rawal and Tunoi
 High Court position on that upheld.

Now on Issue 2;

The lowering or increasing of the retirement age does not affect the Pension Formula
We agree with the High Court that the right to Pension of the Appellant has not been violated. It is not a contigent and accrued right.

Issue No 3
The High Court did not err in determining the issue of applicability of the Retirement age vis a vis the roles of other State Organs

Blow No 3

Issue 4:
On whether the Appelants right to fair trial was abdicated when the JSC failed to give her a reasoned decision or right to Appeal the Appeal Court agrees with the High Court that legitimate expectation did not apply because the authority to determine matters and disputes arising from issues relating to retirement age rests with the Court's and not the JSC

Blow No 4

And thats how they were roasted...

Nice precedent

Who will hear the application?Mutunga is leaving,Tunoi is suspended...Rawal is a complainant...how then can the bench be properly constituted??

not only that. smoking is a member of jsc who is a party to the suit so also should not sit on the bench. so is the cj or whoever shall replace him. and ojwang and ibrahim have a bias in this matter coz if they hold for rawal they would also be doing themselves a favour in that having been judges before the 2010 constitution they would also then retire at 74 and not 70. not forgetting that some had already made their position on the matter clear in that infamous and illadvised ruling and further that some had gone on a go slow in support of rawal and company.

I am truly scandalized by our Supreme court. How can a simple thing like retirement be treated like some complex issue when it actually can be dispensed with easily! But am more concerned that corruption is actually alive in this debate!! Consider this:
1. Judgement on retirement is read by midday in the court of appeal.
2. The ruling is to be typed and exctracted by next Monday.
3. Somehow Rawals lawyer gets it before 1:00 today anyway.
4. Coincidentally, the chief registrar is around to sign it.
5. Coincidentally Justice Njoki is in office waiting for the ruling
6. The appeal court ruling is suspended.

The lawyers will tell you that extracting a judgement even under certificate of urgency takes close to 3days at a minimum.

Mutunga retires on 16th next month. The hearing Justice Njoki has put is for 24th. It means mutunga won't be on the bench, Tunoi won't, Smokin by being in JSC which pronounced itself on the issue won't, Rawal as the plaintiff won't! Meaning there won't be any quorum to hear her case!
Meaning Rawal will act as Chief Justice armed with a court injunction until she is 74!!!


That is Kenya for you!!