“She decided to constitute herself into a one- Bench Supreme Court and listen to a matter where she is conflicted,” Mboya protested. According to sources who sought anonymity, the CJ might constitute a Bench that will hear the matter and issue an earlier date than June 24, which was given by Justice Ndung’u. This is because the Judicial Service Act dictates that deputy chief justices step in as CJs for a period not exceeding six months pending the hiring of the next chief justice. THE Judiciary seemed to sink into deeper crisis at the weekend, after Chief Justice Willy Mutunga recalled the controversial judges’ retirement age case file to issue new orders. If the decision by Judge Ndung’u suspending Rawal’s retirement stands, it will mean the DCJ will automatically step in as acting Chief Justice once Mutunga retires.
Source: The Star May 30, 2016 03:33 UTC