Deputy Chief Justice Kalpana Rawal will remain in office until her retirement case is determined, a court ruled on Friday.
Court of Appeal judges allowed Rawal to challenge a High Court decision affirming her retirement at 70 saying "we have the authority to hear the case".
Rawal's appeal arose from a decision by five High Court judges to send her home. She argued that the High Court made a mistake in ruling that she retires at 70.
But the Judicial Service Commission objected Rawal’s appeal, saying the judges do not have the authority to handle the matter.
The JSC began advertising the job pending the determination of the appeal.
Seven women, including four judges, . A foreigner only identified as Isaac is the only man who submitted his application.
On December 28, Rawal challenging retirement at age 70, a five-judge bench saying she was appointed and took oath of office under the new constitution.
The judges said the provisions of the previous constitution, which allowed judges to retire at 74, therefore do not apply to her.