Kenya News: A seven-judge bench had ruled that all judges should leave office @ age 70.

The Supreme Court has allowed the Law Society of Kenya (LSK) to try to resolve the row over judges' retirement age through mediation.
Chief Justice Willy Mutunga on Thursday allowed parties in the case — in which Deputy Chief (DCJ) Justice Kalpana Rawal and suspended Judge Philip Tunoi are challenging their retirement — to meet in the CJ's chambers for the mediation.
The outcome of the mediation meeting, between lawyers for Justices Rawal and Tunoi, the Judicial Service Commission (JSC) and the LSK, will be reported back to the court at 2:30pm Thursday.
"We give you an hour to sit in one of the court rooms for the mediation talks and report back to this court in the afternoon regarding what you have discussed," said Justice Mutunga.
OPPOSED MEDIATION

The JSC had opposed the mediation, saying the retirement age of judges is an issue anchored in law and should therefore not be subjected to boardroom meetings.

The CJ, however, agreed with arguments by lawyers for the judges and the LSK that there was nothing wrong with giving mediation a chance because it is an approach that is encouraged in the Constitution.

Activist Okiyah Omtatah said mediation should only take place after the two judges agree to withdraw their appeals. He has proposed a mediation approach where the two judges are allowed to stay in office until their successors are appointed. 

"We should agree on an approach where judges Rawal and Tunoi are allowed to exit office honourably and not as if they are sacked," Mr Omtatah.

In his approach, Mr Omtatah wants Dr Mutunga to be allowed to declare a vacancy in the positions held by judges Rawal and Tunoi so that the JSC can advertise the vacancies and start the recruitment process.

Parties will resume the hearing at the Supreme Court in the afternoon at 2:30pm.

RETIRE AT 70 YEARS

The case by Justice Rawal and suspended Judge Tunoi arose from a May 27 Court of Appeal verdict in which a seven-judge bench ruled that all judges should leave office at age 70.
The verdict reached by Court of Appeal judges GBM Kariuki, Milton Makhandia, William Ouko, Kathurima M’Inoti, Patrick Kiage, Otieno Odek and Jan Mohamed upheld a High Court decision on judges' retirement age.
But the two justices immediately moved to the top court, about half an hour after the verdict was issued, and managed to get the decision suspended.
Their case brought to the limelight a silent row in Kenya’s top court as well as the succession war for a new Chief Justice.
TEMPORARY ORDERS
At the centre of this retirement dispute is Supreme Court Judge Susanna Njoki Ndungu, who issued temporary orders suspending the lower court’s verdict that required her two colleagues to retire.
Her directive also barred the JSC and Judiciary Chief Registrar Anne Amadi from advertising the DCJ's position until the appeal at the top court is heard and determined.
She had set June 24 as the date for hearing this case, but Dr Mutunga rescheduled the hearing for June 2.