The case in which Court of Appeal judge Erastus Githinji has sued his employer for deciding to retire him before his due date will be heard from tomorrow at the Employment Labour Relations Court.
Justice Pauline Nyamweya yesterday directed that the file to be transferred to the employment court.
Last week, Githinji sued the Judicial Service Commission, arguing that the decision to retire him was unlawful.
The JSC had issued him with a notice to retire from July 1, this year, upon attaining the retirement age of 70 for judges.
The judge argues that his date of birth is December 30, 1949, and not January 1, 1949, blaming the mistake on the Public Service Commission which only indicated on his job application form the year of birth and not the date.
“This error is not of his making and exposes him to even criminal cases because he might be accused of falsifying his date of birth,” his petition reads.
Githinji maintains that his official retirement date ought to be the midnight of the 29th day of December 2019.
He wants the court to suspend the notice issued by JSC which will, in essence, give him a few more months in office.
Edited by F.Mwaniki
