The High Court has reaffirmed the legality of Kenya’s mandatory retirement age, declaring it lawful, reasonable, and non-discriminatory for employees in both public and private sectors.
Justice Lawrence Mugambi delivered the ruling in the case of Charles Chege Gitau v State Law Office & Federation of Kenya Employers & Others (HCCHRPET/E085/2024) at the Milimani Law Courts. The petitioner had sought to abolish retirement age limits, which are set by the Public Service Commission at 60 years or 65 years for persons with disabilities.
Gitau argued that the policy violated constitutional rights to equality, dignity, and fair labour practices. He claimed it relied on outdated stereotypes about older workers’ productivity and failed to address youth unemployment. He also cited variations in retirement terms for certain roles including judges, Members of Parliament, and university researchers as evidence of discrimination.
The petition sought orders compelling employers to let staff work beyond the prescribed age limits.
Justice Mugambi, however, ruled that while the case raised valid constitutional questions, the petitioner failed to prove any rights violation. He noted that differences in retirement ages are driven by distinct constitutional, statutory, and operational requirements for specific professions.
Finding no evidence of discrimination, the judge dismissed the petition, thereby upholding the Public Service Commission’s retirement regulations.
