The order is a relief to suspended Supreme Court Judge Philip Tunoi who was also challenging the High Court ruling that all judges retire at 70. Justice Rawal is challenging a decision by the Judicial Service Commission to hire a new DCJ saying she should retire at 74 as per the contract she signed under the old constitution. Mutunga has also appointed a five-judge bench of the Supreme Court, to hear the case which had been certified as urgent by Justice Njoki Ndungu when she received Rawal’s appeal application on Friday. Deputy Chief Justice Kalpana Rawal’s case will now be heard on June 2, Chief Justice Willy Mutunga has said. Rawal filed the appeal through her lawyer Kioko Kilukumi barely hours after the Court of Appeal had upheld a ruling by the High Court that all judges retire at 70.

Source: Daily Nation May 30, 2016 11:11 UTC