Supreme Court judge Philip Tunoi yesterday said he is supposed to retire at age 74 since he was hired under the old
constitution. In the case filed before the Court of Appeal he wants dismissal of a High Court judgment delivered last year.
Lawyer Kiragu Kimani said Tunoi is being discriminated against on account of age. On December 11, a five-judge bench
ruled that Deputy Chief Justice Kalpana Rawal, Tunoi and High Court judge David Onyancha should retire at 70. But a few
months after filing the appeal, Onyancha, who had reached 70, resigned. Tunoi is 72, while Rawal turned 70 on February
15. Lawyer Paul Muite and Issa Mansur for the Judicial Service Commission, the employer of judges and magistrates,
said it would be against the constitution if Tunoi serves until 74. The judgment of Rawal and Tunoi’s cases will be delivered on May 27.
