maka wrote:There is a difference between a protected Constitutional office and a normal contract of employment. Firstly examples abound of judges and constitutional office holders who were paid for the remainder of their term. Justice Ringera is one PLO is another the judges sent packing after the radical surgery are another lot. It is fallacious to suggest that since she resigned during the pendency of the appeal and within the statutory 14 day leave period she will not be entitled to her dues. The JSC Act 2011 is clear she still retained her post as Deputy CJ the President did not get the chance to terminate her, she resigned of her own volition and thus as per the Constitution her terms cannot be varied to her disadvantage
So in your opinion Justice Ringera and PLO resigned of 'their own volition' just like Justice Baraza? Maybe 'the judges sent packing after the radical surgery are another lot' also resigned of 'their own volition'? If that was true which law was used to support paying those who resign of their 'own volition' full salaries for years not worked for?
The part in red is a real muddle to me. Could you explain it further? The Constitution says that those who resign of their own volition cannot have their terms varied to their disadvantage? Rink please. And if true, which I doubt, once you resign which terms do you remain with?
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)