JUDICIARY SENDS HOME TWO SUPREME COURT JUDGES.

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Supreme Court Judge,Justice Philip Tunoi who is among judges sent home by Court of appeal.
BY SAM ALFAN.

The Court of Appeal has upheld a decision to send home Supreme Court judges Kalpana Rawal and Philip Tunoi.

Judges should retire at age 70 and not 74 as earlier proposed.

Rawal and Tunoi wanted to overturn a decision of the High Court that judges should retire at 70 as stipulated in the constitution.

The two argued that they should retire at 74 year per their contracts, which they signed under the former constitution.

The Deputy Chief Justice is 70 while Tunoi is 72.

On March 12, judge Rawal and her colleague judge Tunoi lost a bid to have two judges disqualify themselves in a case challenging their retirement age.

Court of Appeal judge Patrick Kiage, on behalf of his six colleagues, said the issues raised by the two in their application did not merit the disqualification of any of the judges.

Judge Rawal wanted Justice Milton Makhandia to recuse himself while judge Tunoi wanted presiding judge GBM Kariuki not to head the seven- judge bench.

Judge Tunoi who is currently on suspension is also facing a probe after journalist Geoffrey Kiplagat claimed he received a Sh200 million bribe from Nairobi Governor Evans Kidero to influence his election petition.

On December 11, a five-judge bench ruled that Rawal, Tunoi and High Court judge David Onyancha should retire at 70.

But a few months after filing the appeal, Onyancha, who had reached 70, resigned.

 

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