GUEST ARTICLE: Can Retired Judge Get Fired?
By Dickson Jere
Judge Timothy Katenekwa was one of the longest serving High Court Judges in Zambia. Complaints were filed against him at the Judicial Complaints Commission (JCC) by some litigants. After investigations and hearing by the Commission, he was found wanting and the JCC recommended to the President to remove him as Judge. Acting on the Report, the President fired him as High Court Judge.
However, the Judge filed an application in the High Court for leave to commence Judicial Review on the grounds, among others, that he had already reached retirement age when the JCC sat to hear his case. Simply, he had retired by the time his cases were heard by JCC.
The High Court heard the application and refused to grant it on the ground that the case involved constitutional issues that can only be determined by the Constitutional Court. The Judge said the High Court lacked jurisdiction to decide the case.
Unsatisfied, Judge Katenekwa renewed his application in the Court of Appeal where he reiterated that his case for Judicial Review should be heard and determined as he had reached retirement age when the JCC sat. He also questioned the proceedings of the JCC that found him wanting.
A panel of five Judges sat to hear the application. After thorough review, four Judges agreed that their fired colleague at the bench should be allowed to be heard and therefore leave should be granted. One judge disagreed and delivered a dissenting opinion.
The Four Judges ruled thus;
“Firstly, the Applicant is alleging that, JCC did not have statutory jurisdiction to hear and determine the complaint, as he had attained retirement age and had in fact retired which, in our view, is an allegation requiring proof,” the Judges ruled.
“In our view, this is an appropriate and fit case for granting leave to commence Judicial Review proceedings and the same is accordingly granted,” the Judges said.
The four judges opined that the mere reference to the constitution does not take away powers of the High Court in Judicial Review as such reasoning may lead to the “death” of Judicial Review in our country.
“Therefore, in our view, the Constitution will not, in any Judicial Review proceedings, be the centre of scrutiny,” they noted.
The question whether a judge who has reached retirement age can be fired will now be determined by the High Court. It is contended that Judge Katenekwa had remained with few months before retirement when he was suspended and by time of hearing his case, he had actually reached retirement age.
However, Judge President disagreed with his colleagues.
“It is clear that the Applicant intends to ultimately have the decision of the Republican President to remove him from office of High Court quashed,” the Judge said.
“I have, however, found no merit in the application on all the grounds,” he said.
Case citation – Timothy Katenekwa v JCC & Attorney General- CAZ/8/596/2024 and Ruling delivered last week 18th February, 2026.
Lecture Notes;
1. For one to file Judicial Review, you need permission (Leave) from Court unlike other cases. You must first show the Court that you are affected by the decision and that you have a case that needs to be heard in full. In this case, the 4 Judges agreed that the Judge had interest and that his argument about being retired requires to be heard in full with evidence. At that point, a decision will be made whether he can be fired or not.
2. Judicial Review is not concerned with the merit or demerit of the decision. However, it deals with whether the process was followed in his removal and that the body that recommended his removal had such powers (jurisdiction).