Deputy Chief Justice Kalpana Rawal has moved out of her office.
Sources in the judiciary told the Star she carted away her belongings on Thursday and did not show up at the office yesterday, her last working day.
The Judicial Service Commission held that her term ended yesterday.
But the judiciary is yet to declare the DCJ’s position vacant.
Rawal, who turned 70 yesterday, hoped the Court of Appeal would stop her retirement, but the judges declined to grant her orders.
Appellate judges GBM Kariuki, Patrick Kiage, William Ouko, James Odek and Jamila Mohammed instead told her to wait until January 29, when they will rule on the application by the JSC.
The JSC objected to Rawal’s appeal, saying the judges do not have the authority to handle the matter.
This meant the appellate judges had to ascertain if they have power to handle the matter before they hear Rawal or give any reprieve.
The DCJ’s appeal arose from a decision by five High Court judges to send her home.
The High Court ruled that all judges should retire at 70 in line with the current constitution.
It said Rawal took an oath of office under the current constitution and she has to go home immediately she is 70.
But the DCJ said she shouldn’t be sent home at 70 because she was appointed a judge under the old constitution, which set her retirement at 74.
Rawal replaced Nancy Baraza, who resigned in 2013 following a storm over her altercation with a security guard at a shopping mall in Nairobi.
She was appointed a High Court judge in 2000.
The DCJ was handed a retirement notice on September 1 last year indicating she would leave office on January 15.