Nairobi, KENYA: Deputy Chief Justice Kalpana Rawal will continue serving until her appeal to stop the Judicial Service Commission (JSC) from hiring her successor is heard and determined.
A five-judge bench judge led by Justice GBM Kariuki, made a ruling on Friday and dismissed the claims by JSC claiming that it lacks the authority to entertain appeals coming from the bill of rights.
The one and a half hour session led by the five judges, ruled that Rawal has a right to appeal and therefore her appeal will proceed.
The judges in a unanimous ruling ,said that the new constitution granted Court of Appeal a vast mandate to deal with general appeals unlike the old version.
Court of Appeal judges GBM Kariuki, Otieno Odek, Patrick Kiage, William Ouko and Jamilla Mohammed said that every citizen has the right to appeal from the High Court and and failure to do so; would render the bill of rights meaningless.
Rawal through her lawyer George Oraro argued that she was hired under the old constitution and therefore should not retire at the age of 70 .
Oraro argued that Rawal should retire at the age of 74 as per the old constution.
The 70-year-old Deputy Chief Justice who is 70 years of age had appealed against the move by JSC to hire her successor and retire her at the age of 70.
The appeal hearing is slated to start on 15th February this year.