The Employment and Labour Relations Court has temporarily stopped the enforcement of a directive setting the retirement age for the Public University lecturers and researchers at 70 years.
In interim orders issued, Justice Jacob Gakeri certified as urgent a case filed by the University Academic Staff Union (UASU) challenging the move.
The court granted conservatory orders suspending the implementation of the circular pending further directions.
Justice Gakeri also directed that the application be served on all respondents without delay, giving them four days to file their responses ahead of the next hearing.
The case is set for mention on March 24, 2026, when the court will give further directions and hear the matter inter partes.
The dispute arises from a March 2, 2026, circular issued by the Public Service Commission (PSC), which introduced a mandatory retirement age of 70 years for lecturers and researchers in public universities.
Through lawyer Titus Koceyo, UASU argues that the directive has already disrupted operations in universities, noting that several lecturers above the age limit are actively engaged in teaching, marking examinations, and supervising postgraduate students.
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Court documents indicate that the sudden implementation of the policy has created uncertainty in the higher education sector, with fears that academic programmes could be adversely affected.
The petitioner further claims that the PSC exceeded its mandate by altering retirement terms that are governed by an existing Collective Bargaining Agreement (CBA), which sets the retirement age at 74 years for senior academic staff, including professors and associate professors.
It is also alleged that the directive was introduced without consultation with key stakeholders, including the union, raising concerns over the violation of constitutional rights to fair labour practices and collective bargaining.
Additionally, the application argues that enforcing the circular could result in unlawful termination of employment without due process, contrary to provisions of the Constitution, the Employment Act, and the Public Service Commission Act.
The court is expected to give further directions on March 24.
By Juma Ndigo
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