The High Court has dismissed a suit to overturn Kenya’s retirement age, upholding that the thresholds laid down are legal, fair, and not discriminatory.
The matter was filed by Charles Chege Gitau, who sought the retirement policy prohibited and employers compelled to retain laborers past the age limits. Current law requires employees to retire at 60 years, or 65 years for those with disabilities. Gitau argued that the system violates constitutional principles of equality, dignity, and just labour practices.
He contended that the policy advances stereotypes about the work rate of older workers, does not secure employment for the youngsters, and stands in conflict with exemptions given to judges, MPs, and university researchers.
In his ruling, Justice Mugambi confirmed the court had jurisdiction to hear the case, noting that it was targeting the constitutionality of law as opposed to a matter of one employment case. He did, however, conclude Gitau had not proved unlawful discrimination, citing that retirement age variations are a function of varying legal and institutional requirements.
The judge emphasized that deciding a retirement age is an issue of policy in the constitutional prerogative of the Public Service Commission (PSC) and not a fundamental right. He further stated that the PSC Act as well as the regulations allow exceptional talent to be retained on post-retirement contracts in cases where rare or special skills are required.
Justice Mugambi held that there was no evidence of unconstitutional discrimination or arbitrary treatment. Since the case was in the interest of the public, he made no order for costs.
The PSC and the Federation of Kenya Employers defended the mandatory retirement policy as legitimate and lawful to maintain equity, effective planning of the workforce, and advancement of youth opportunities by affirmative action.
This ruling effectively preserves Kenya’s long-standing retirement framework, reinforcing its role in balancing experience, efficiency, and generational change in the workforce.
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