Judge Erastus Githinji of Court of Appeal hassued the Judicial Service Commission challenging their decision to have him retire from office.
The Judge who is almost 70 years old the age at which he is required to retired thinks that the commission is unfair as its not yet time for him to pack.
According to the judge, his date of birth is December 30, 1949 but the Judiciary has indicated he was born on January 1, 1949.
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.
This error is not of his making and exposes him to even criminal cases because he might be accused of falsifying his date of birth.
He says his official date of retirement ought to be midnight 29 day of December 2019.
And now he wants an order to quash notice by JSC and stop his retirement.