Two documents alleged to belong to the Chief Justice Dr Willy Mutunga have emerged, indicating different dates of birth.
One of the documents purported to be Dr Mutunga's passport, shows that he was born on 16th June 1946, while another report points out that he was born a year later, 16th June 1947.
However, the CJ's biography on the internet says that he was born in 1947.
According to the penal code, misrepresentation of public officers is a serious offence which may lead to imprisonment.
This revelation comes amid contention over the judges retirement age.
A group of judges who were served with a retirement notice filed a suit challenging the retirement age of 70 years stipulated in the new constitution, claiming that they were employed under the old constitution which spelt out a retirement age of 74 years.
The Law Society of Kenya, however, firmly stated that the judges must follow the constitution and called on the Chief Justice to immediately form a bench to hear and determine the suits.
Dr Mutunga who is expected to retire in 2017 may leave the judiciary earlier if the documents are verified and proven that he was born in 1946.
Mutunga was sworn to office as the Chief Justice and the President of the Supreme Court of Kenya in June 2011.
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