Sharad Rao has said his age is "a non-issue in law" where his qualification to lead a tribunal on Supreme Court Judge Philip Tunoi is concerned.
Rao, who is chairman of the Judges and Magistrates Vetting Board, noted that section 166 of the constitution is "quiet" on the issue and thanked the President for the appointment.
"I am happy to chair this tribunal as I have met all the set qualifications and I am looking forward to starting the work,” he said.
He spoke at Simba Lodge in Naivasha on Thursday during a two day feedback workshop with stakeholders, ahead of the expiry of the vetting board's tenure in a month.
Upon Sharad's nomination, lawyers Gitobu Imanyara and Aggrey Mwamu raised the issues of his age and a previous vetting exercise.
They noted that Rao and tribunal member Abdirashid Abdullahi before he was elevated to the Supreme Court.
Others have said he can only be a member, not the head of the looking into the conduct of Tunoi, who has been accused of taking a Sh200 million bribe.
Tunoi was allegedly bribed by Nairobi Governor Evans Kidero to help deliver a favourable judgment on a petition against him by Ferdinand Waititu in August 2014. He and Kidero have denied the allegations.
Article 168 (5) of the Constitution dictates the tribunal should consist of a chairperson and three other members from among persons who hold or have held office as judges of superior courts.
Rao, who once served as a Deputy Public Prosecutor in the Office of the Attorney General, does not qualify as a judge as he is more than 70 years old.
Regarding the vetting exercise, Rao said
corruption was still rife in the judiciary; he said majority of the allegations raised against judges and magistrates revolved around corruption.
But he said many complainants failed to testify and that magistrates were cleared as
evidence was insufficient.
“The purge should now extend to other staff in the judiciary
as it is evident that corruption among them is still rife,” he said.
Rao noted that
the exercise was meant to restore
confidence in the judiciary and revitalise it in the wake of corruptions allegations.
He proposed that
an independent complaints commission takes over emerging cases and allegations against the judiciary.