Two Supreme Court judges
Deputy Chief Justice Kalpana Rawal and Philip Tunoi
will know their fate on Friday on the matter of their retirement age.
Rawal and Tunoi want to retire at 72 and 74 years respectively against the new constitution's requirement of the Supreme Court judges to retire at 70 years.
A bench composed of five judges will give the ruling, which constitutional experts believe will have far-reaching implications on the succession of Chief Justice Will Mutunga.
The bench is led by Principal Judge Richard Mwongo who was to deliver the judgment last Friday but postponed it by a week.
The ruling will define whether Justice Rawal becomes a formidable contender for the position of a Chief Justice or leaves immediately since she turned 70 in January.
Tunoi is on a suspension facing a tribunal set by President Uhuru Kenyatta following bribery allegations on a petition filed by Ferdinand Waititu against Nairobi Governor Evans Kidero.
Waititu had petitioned of election irregularities after losing against Kidero on Nairobi gubernatorial seat.
The frontrunners for the seat include president of the Court of Appeal Kihara Kariuki, Supreme Court Judge Smokin Wanjala, and High Court judges Mbogholi Msagha and Isaac Lenaola.