JUDGMENT OF THE COURT
This appeal arises out of the order by Mwongo, J, issued on 21st May 2015 in High Court Constitutional and Human Rights Division Consolidated Petition No. 244 of 2014. The appellants in the matter are senior judges of the Superior Courts of Kenya: the 1st appellant is a Judge of the Supreme Court while the 2nd appellant is a Judge of the High Court.
Background
This matter was provoked when the appellants received letters dated 28th April, 2014 from the office of the Chief Registrar of the Judiciary (CRJ). The letters gave notice to the appellants of the Judicial Service Commission’s (JSC) resolution for all judges who were appointed to office prior to the promulgation of the Constitution of Kenya, 2010, to retire at the age of 70 years. The letter to the 1st appellant informed him that he would attain the retirement age of 70 years on 2nd June, 2014 and would retire from service with effect from 3rd June, 2014; and the 2nd appellant having already attained retiremen…