The Law Society of Kenya is calling for the disbandment of Kenya’s Supreme Court, saying the outfit has proven to be irrelevant in the current dispensation.
No work is going on at the Supreme Court as three judges -justice Njoki Ndung’u, Justice Jackton Boma Ojwang’ and Justice Mohamed Ibrahim – are ‘on strike’ in solidarity with two other judges who are opposing their retirement date.
Justice Kaplana Rawal and Justice Philip Tunoi have reached the retirement age of 70 years, but is challenging this date, to allow them serve till they reach 74. Both have lodged cases in the lower courts stopping the JSC from recruiting their successors.
LSK CEO Apollo Mboya petitioned the removal of the three while the Chairman, Mr. Eric Mutua, now wants the whole supreme court to be disbanded.
â€œTime has come for the country to start a debate on whether the Supreme Court is desirable,” he said. Mutua wants the role of the supreme court be performed by the appellate judges.
Chief Justice Willy Mutunga has indicated he will retire next year in what sources indicate is to avoid presiding over another presidential elections petition.
In the current situation, only supreme court judge Dr Smokin Wanjala has remained ‘on duty’ to assist the Chief Justice.