LAWYERS have threatened to boycott courts presided over by judges who refuse to retire at age 70.
The Law Society of Kenya yesterday said it plans to meet to petition the Judicial Service Commission to start removing judges who stay on after they attain 70 years.
In a statement issued by chairman Eric Mutua yesterday, LSK wants the judges indicted for gross misconduct and violation of the constitution.
The constitution requires judges to retire at 70.
The previous one set the age at 74.
The LSK statement comes a day after Deputy Chief Justice Kalpana Rawal moved to court to challenge the decision by JSC to send her home by January next year, when she turns 70.
Rawal seeks an order to suspend implementation of the JSC’s decision to retire her on January 15.
Other judges challenging their retirement at 70 are Philip Tunoi of the Supreme Court and High Court’s David Onyancha.
The LSK expressed concern the judges’ decision to contest their retirement will likely cause a constitutional crisis if not blocked.
“It is equally regrettable that judges who have reached or are about to reach the constitutionally prescribed retirement age of 70 have opted to file suits against their employer, the Judicial Service Commission, and the government,” Mutua said.
He says if the judges’ retirement age question is not resolved before the 2017 general election, it will pose serious challenges for Rawal and Tunoi to rule on any petition questioning the results.
“Worse still, any decision by the two judges may be challenged in terms of its legitimacy,” he said.
Mutua said the JSC and the government would be held liable for any loss and damages that any affected party or member of the public may suffer because ‘over-aged judges’ ruled on their disputes.