<p class="ql-align-center">RULING OF THE COURT</p><p>The applicant, the <em>Hon Lady Justice Kalpana H. Rawal</em> is the Deputy Chief Justice of the Republic of Kenya. By virtue of that office she is also the deputy head of the judiciary and the vice-president of the Supreme Court. She was appointed to those offices under the Constitution of Kenya, 2010. Prior to the promulgation of the <em>Constitution of Kenya, 2010</em> on 27^th August 2010, the applicant was serving as a judge of the Court of Appeal, having been appointed under the former Constitution, first as a judge of the High Court. Under <em>section 62(1)</em> of the former constitution as read with <em>section 9</em> of the<em> Judicature Act</em>, the retirement age for judges was 74 years. Under<em> Article 167(1) </em>of the Constitution of Kenya, 2010 however, the retirement age of judges is 70 years.</p><p>When the applicant approached 70 years, the <em>1</em><em>^st</em> <em>respondent, the Judicial</em> <em>Service Commission, </em>advised her that she would have to retire at 70 years as provided in the Constitution. Taking the view that <em>section …</em></p>