Justice Erastus Githinji sues the JSC for retiring him ‘early’

Court of Appeal judge Erastus Githinji has filed an application that seeks rescind the decision by the Judicial Service Commission to effect his retirement on 1st July, 2019. According to Judge Gighinji, his legal date of birth is 30th December, 1949, meaning his retirement at age of 70 is due on 29 December 2019 and not 1st July, 2019.

The JSC in letter dated 30 October 2018 has communicated to the judge over his retirement, which he says was not properly calculated according to his certificate of birth.

“The administrative decision to retire is made in bad faith, irrational unreasonable and adversely affects the judge’s rights further exposes him to great prejudice including criminal liability,” says Githinji’s Lawyer Patrick Kahonge.

Judge Githinji is remembered amongst the teaching circles for his ‘unpopular’ ruling that quashed teachers’ hopes for a ‘hefty’ pay rise. On 6th November, 2015, Judge Githinji led other four judges at the Court of Appeal to quash the Teachers’ 50-60% pay rise hopes.

“No law allows the Labor court to set salaries and allowances of public officers in the absence of CBA,” Justice Githinji had ruled, then, leaving a bitter taste on teachers’ mouths.

The judge, through his lawyer Patrick Kahonge, will be asking the High Court to quash the decision to cushion him from losing his retirement benefits.

Justice Erastus Githinji joined the bench in 1975 and has served for close to 44 years. In June 2016, the Supreme Court ruled that judges must retire at 70 years and not 74 years as was the case in the old Constitution.

Judge Githinji was recently, this year, transferred from Nairobi to Kisumu as he prepares for his retirement.