Legal ForumExample Category: LSK Kajiado ForumHigh Court Upholds 60-Year Mandat …Post Reply

Post Reply: High Court Upholds 60-Year Mandatory Retirement Age, Dismisses Discrimination Petition

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 15, 2025, 9:01 am</div><div id="pl-7575"  class="panel-layout" ><div id="pg-7575-0"  class="panel-grid panel-no-style" ><div id="pgc-7575-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7575-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
			class="so-widget-sow-editor so-widget-sow-editor-base"
			
		>
<div class="siteorigin-widget-tinymce textwidget">
	<p dir="ltr" data-pm-slice="0 0 []">In a significant ruling, the High Court of Kenya has upheld the mandatory retirement age of 60 for public and private sector workers, with an extension to 65 for persons with disabilities. The decision, delivered by Justice Mugambi, dismissed a constitutional petition filed by Charles Chege Gitau, who sought to abolish the policy, arguing it was discriminatory and violated fundamental rights.</p>
<p dir="ltr">The petitioner, Charles Gitau, contended that the retirement age policy infringed on constitutional guarantees of equality, dignity, and fair labor practices. He argued that the policy perpetuated negative stereotypes about the productivity of older workers and failed to address youth unemployment effectively. Additionally, Gitau highlighted inconsistencies in the policy, noting exemptions for certain roles such as judges, Members of Parliament, and university researchers, which he claimed undermined the policy's fairness.</p>
<p dir="ltr">Justice Mugambi, in his ruling, declared the retirement age limits lawful, reasonable, and non-discriminatory. The court emphasized that it had jurisdiction to hear the case, as the petition challenged the constitutionality of legislation rather than a direct employer-employee dispute. The judge stated that the petitioner failed to provide evidence of unlawful discrimination, explaining that variations in retirement ages for specific roles were grounded in distinct legal and institutional frameworks.</p>
<p dir="ltr">The court further noted that setting a mandatory retirement age falls within the constitutional mandate of the Public Service Commission (PSC). Justice Mugambi clarified that the retirement age policy is a policy decision, not a fundamental right, and is designed to balance workforce planning and fairness. The PSC Act and its regulations allow for post-retirement contracts in cases where exceptional talent or rare skills are needed, providing flexibility to retain valuable expertise.</p>
<p dir="ltr">The petition was opposed by the PSC and the Federation of Kenya Employers, who defended the retirement age policy as legally sound. They argued that the policy promotes fairness, facilitates workforce planning, and supports youth employment through affirmative action initiatives. The court agreed, finding no merit in Gitau's request to scrap the mandatory retirement age or to compel employers to allow workers to continue beyond the set limits.</p>
<p dir="ltr">Justice Mugambi dismissed the petition, stating, "In the absence of evidence of unconstitutional discrimination or arbitrary treatment, the petition is dismissed." He declined to award costs, recognizing the public interest nature of the case.</p>
<p dir="ltr">This ruling reinforces the existing retirement framework in Kenya, maintaining the mandatory retirement age of 60 for most workers and 65 for those with disabilities. It underscores the balance between individual rights and broader policy objectives, such as workforce renewal and equitable employment opportunities.</p>
</div>
</div></div></div></div></div></blockquote><br>

Cancel

Legal Forums

Post Reply: High Court Upholds 60-Year Mandatory Retirement Age, Dismisses Discrimination Petition

Recent Posts

Crisis at Kenyatta National Hospital: Senators Demand Action on Overcrowding and Security Failures

Court Orders Equal Pay for UHC Nurses Amid Absorption Plan