Judge Erastus Githinji Set to Retire as Mandated by the New Constitution

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One of the Kenya’s longest-serving judges is preparing to exit the stage after a 44-year stint.

Judge Erastus Githinji, who has been serving as judge since the 1975, was recently transferred from Nairobi to Kisumu as he awaits time for his retirement.

The supreme had in June 2016 ruled that judges must retire at the age of 70 and not 74 as it was mandated by the old constitution.

For that reason several judges were trained early 70s are set to quit after walking the corridors for over four decades.

Other judges expected to go along with Justice Erastus Githinji include Judges Philip Waki and Alnashir Visram.

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Githinji, who happens to be the eldest of the three, was lucky to survive several purges that saw several judges and magistrates sent home.

Even as he leaves the practice, Githinji will be remembered for his famous controversial ruling in which he disagreed with judge Jamila Mohammed and Hannah Okwengu.

In his ruling, he stated that marriage is made of equals and therefore, it is unfair for men not to be allowed to seek maintenance from their wives after divorce.

He further stated that the fact that men rarely come to claim maintenance is the primary reason why women’s cases demanded it are ever rising.

 

 

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