Supreme Court stops lawyer bid to join Tunoi case

Chief Justice Willy Mutunga follows proceedings of the case in which DCJ Kalpana Rawal and suspended Judge Philip Tunoi are challenging the retirement age for judges at the Supreme Court in Nairobi on June 2, 2016. Mr Mutunga declined Justice Tunoi's request saying he was ably represented before the court and the tribunal.

IN SUMMARY
Justice Ndung’u said Mr Osundwa had presented sufficient reasons to be enjoined because the verdict of the Supreme Court, especially if it upheld the Court of Appeal’s retirement ruling, had the effect of terminating the tribunal proceedings.

Lawyers at the Supreme Court on Monday spent the entire afternoon arguing over whether to allow a lawyer seeking to represent the interests of Supreme Court Judge Philip Tunoi to be enjoined in the judges’ retirement age case as an interested party.
Mr Sakwa Osundwa had claimed that grievous allegations had been made against the suspended Justice Tunoi and that it would be in the interest of justice that the judge be allowed to clear his name before the Sharad Rao-led tribunal, which would not be possible if he is declared retired.
He, therefore, sought to be enjoined in the retirement appeal to advance the arguments which, according to him, had not been raised by any of the parties in the case — including Justice Tunoi’s lawyers, who have filed an appeal against the Court of Appeal's verdict that judges retire at 70.
Chief Justice Willy Mutunga and justices Mohamed Ibrahim and Smokin Wanjala, however, declined the request saying Justice Tunoi was ably represented before the court and the tribunal, and there was nothing preventing the judge from raising similar issues being advanced by lawyer Osundwa.
“If he wanted to stop this hearing to await the outcome of the tribunal, Justice Tunoi can apply to do so himself, and it is our view that the addition of lawyer Osundwa will only serve as a basis to delay the matter before us,” explained Justice Ibrahim.
Justice Wanjala said that once admitted into the case, Mr Osundwa would only delay the hearing of the two retirement appeals filed by Deputy Chief Justice Kalpana Rawal and Justice Tunoi since he will be required to file an application to stop further deliberations pending conclusion of the tribunal proceedings.