NAIROBI, Kenya – The High Court has upheld Kenya’s mandatory retirement age for workers in both the public and private sectors, dismissing a constitutional petition that sought to abolish the policy.
In a judgment delivered by Justice Mugambi, the court declared the retirement limits — 60 years for most employees and 65 for persons with disabilities — lawful, reasonable, and non-discriminatory.
The petition, filed by Charles Chege Gitau, argued that the regulations violate constitutional rights to equality, dignity, and fair labour practices.
Gitau claimed the policy entrenches stereotypes about older workers’ productivity, fails to secure jobs for youth, and unfairly exempts certain roles such as judges, MPs, and university researchers from the age limit.
Justice Mugambi ruled that while the court had jurisdiction to hear the case — as it challenged the constitutionality of legislation rather than arising from an employer-employee dispute — the petitioner failed to prove unlawful discrimination.
He noted that variations in retirement ages for certain positions are based on distinct legal and institutional frameworks, and that setting a retirement age falls within the policy mandate of the Public Service Commission (PSC).
The judge also pointed out that existing laws allow for the retention of exceptional talent on post-retirement contracts in cases where rare skills are needed.
“There was no evidence of unconstitutional discrimination or arbitrary treatment,” Justice Mugambi said, adding that no order for costs would be made due to the public interest nature of the case.
The PSC and the Federation of Kenya Employers opposed the petition, defending the policy as a legal measure designed to ensure fairness, facilitate workforce planning, and promote youth employment through affirmative action.
Gitau had sought court orders compelling employers to allow staff to work beyond the prescribed age limits, effectively scrapping the mandatory retirement policy.
The ruling reinforces Kenya’s long-standing retirement framework, which remains a key plank in both public service management and private sector employment policy.
