NAIROBI, Kenya — The Employment and Labour Relations Court has temporarily suspended a directive setting the mandatory retirement age for lecturers and researchers in public universities at 70 years, pending further hearing.
Justice Jacob Gakeri issued interim orders in March after certifying as urgent an application filed by the University Academic Staff Union challenging the policy.
The orders effectively halt implementation of the directive until the matter is heard inter partes on March 24, 2026.
The case arises from a circular issued on March 2, 2026, by the Public Service Commission introducing a mandatory retirement age of 70 years for academic staff in public universities.
Through lawyer Titus Koceyo, UASU argues that the directive has already disrupted university operations.
The union says many lecturers above 70 remain actively involved in teaching, supervising postgraduate students, and marking examinations, warning that abrupt enforcement could destabilise academic programmes.
Court filings further contend that the PSC exceeded its mandate by unilaterally altering retirement terms governed by an existing Collective Bargaining Agreement (CBA), which sets the retirement age at 74 years for senior academic staff.
The petition also raises constitutional concerns, arguing that the directive was issued without consultation with key stakeholders, violating provisions on fair labour practices and the right to collective bargaining.
UASU warns that enforcing the policy could amount to unlawful termination without due process, contrary to the Constitution, the Employment Act, and the PSC Act.
Justice Gakeri directed that the application be served on all respondents within four days, after which the court will consider their responses and issue further directions.
