The High Court has upheld the mandatory retirement age for employees in both the public and private sectors, ruling that the age limits are lawful, reasonable, and non-discriminatory.
Justice Lawrence Mugambi delivered the judgment in the case of Charles Chege Gitau v State Law Office & Federation of Kenya Employers & Others (HCCHRPET/E085/2024) at the Milimani Law Courts, where the petitioner sought to abolish the existing retirement age regulations.
The regulations, set by the Public Service Commission, require employees to retire at 60 years, or 65 years for persons with disabilities.
The petitioner argued that these provisions violate constitutional rights to equality, dignity, and fair labour practices.
In his submissions, Gitau claimed that the policy is based on outdated stereotypes regarding the productivity of older workers and does not effectively address youth unemployment.
He further pointed out that certain professions, such as judges, Members of Parliament, and university researchers, have different retirement terms, which he argued was discriminatory.
Additionally, the petitioner had sought orders to abolish mandatory retirement and compel employers to allow staff to work beyond the set age limits.
Justice Mugambi ruled that the High Court had jurisdiction to hear the matter since it raised constitutional questions rather than an ordinary employer-employee dispute.
The judge found no evidence of discrimination, stating that variations in retirement ages across professions are tied to distinct constitutional, statutory, and operational requirements.
He concluded that the petitioner had not demonstrated any violation of rights and dismissed the case, effectively affirming the validity of the PSC regulations on mandatory retirement.
He further noted that both the PSC Act and its regulations provide for the retention of exceptional talent on post-retirement contracts where rare skills are required.
The PSC and the Federation of Kenya Employers defended the age limits, saying they are grounded in law, policy, and constitutional provisions for affirmative action to promote youth employment.
