Court of Appeal judge Erastus Githinji has moved to court to challenge his employer, the Judicial service Commission, over a retirement notice issued to him.
The commission directed that Justice Githinji’s retirement will be effective on July 1, 2019.
The appellate judge, through his lawyer, Patrick Kahonga, claims JSC’s move is in bad faith, irrational, unreasonable and adversely affects the judge’s rights.”
According to the Judge, he was born on December 30, 1949, contrary to the commission’s records which indicate that he was born on January 1, 1949.
He argues that judging from his birth certificate records, he will be due for retirement on December 29, 2019 having attained the required age of 70 years.
The mistake on his date of birth occurred when the Public Service Commission indicated on his job application form only the year of birth.
When an individual indicates only the year of birth it is assumed in law that the person was born the first day of the year.
He claims the error is not of his own making adding that sending him on retirement in July this year, exposes him to great prejudice including criminal liability as he might be accused of falsifying his date of birth.
He further states that the commission didn’t give him an opportunity to explain himself before sending him the notice letter dated October 30, 2018.
He now wants the court to issue an order quashing the notice by JSC and stop his retirement.