- Judge Justice Erastus Githinji in a previous post.
- The Employment and Labour Relations court, has stopped Judicial Service Commission (JSC) from effecting a notice to retire appellate Judge Justice Erastus Githinji.
The court said pending the hearing of a petition filed by the judge, JSC should not take any action over the intended retirement which he has challenged.
Justice Bryon Ongayo, said that from the submissions of the judge’s lawyer Patrick Kahonge, the court had established that Justice Githinji had a good case.
The lawyer told the court that judiciary has all documents of the judge which include his passport, income tax pin number, birth certificate and declaration form which shows that his retirement is 30 December 2019 and not July 1.2019.
” Its unfair to ask him to retire when he has not opted he must be given chance to serve” he said.
The JSC has not replied to the judge’s letters asking them to carry out proper computation. saying that there is mischief on the part of the employer.
The JSC in letter dated 30 October 2018 communicated to the judge over his retirement, which he says not properly calculated according to his certificate of birth.
Kahonge told the court that , his legal date of birth is 30 December 1949 meaning his retirement at age of 70 is due on 29 December 2019.
” The administrative decision to retire is made in bad faith irrational unreasonable and adversely affects the judge’s rights and further exposes him to great prejudice including criminal liability” the lawyer said.
Mr Kahonge contented that Justice Githinji has not given an opportunity to be heard before JSC making such decision.
The judge has sued JSC, The Chief Registrar of the Judiciary and the Attorney general, saying that in arriving at the impugned decision the respondents have acted against the law and the constitution and misused their powers.
Mr Kahonge further argued that the decision by the respondents is flawed and is meant to undermine the judicial process contrary to article 167(1) of the constitution the tenure of judges is on attaining the age of 70 years it leaves no room for presumption of date where an official and genuine certificate of birth exists.
The action of JSC is against the principles of natural justice which provides that every claimants is entitled to have their claim considered in accordance to the law.
The court granted the judge leave to file substantive application seeking to quash the decision and prohibit JSC from prematurely retiring him.
The case will be mentioned on 30 April 2019 for further directions.
Ends.
