Chief Justice Willy Mutunga has directed the hearing on the retirement age of Deputy CJ Kalpana Rawal and Justice Philip Tunoi be heard on Thursday.
While suspending the Court of Appeal decision on Friday, Lady Justice Njoki Ndung’u directed the case to be heard on June 27.
By then, Mutunga would have exited the judiciary and there would be a quorum hitch because the Supreme Court would not have at least five judges required to hear the case.
In the statement, Mutunga directed the Supreme Court registrar to notify the parties to appear before Judges Smokin Wanjala and Ndungu tomorrow for directions on the hearing of the case.
Meanwhile, former Law Society of Kenya CEO Apollo Mboya has filed a fresh petition before the Judicial Service Commission seeking removal of judge Ndungu.
Mboya says Njoki engaged in misconduct in issuing an order on Friday to halt retirement of deputy CJ Kalpana Rawal when there was a clear conflict of interest.
He says in his petition that Njoki and two of her Supreme Court colleagues already pronounced themselves on the issue of judges retirement age. On Friday the Appellate court sent judge Rawal and Tunoi home, ruling that judges should retire at 70.