The Employment and Labour Relations Court has temporarily stopped the implementation of a directive setting the retirement age for university lecturers and researchers at 70 years, dealing a major blow to the policy introduced by the Public Service Commission (PSC).
In orders issued on March 18, 2026, Justice Jacob Gakeri certified the matter as urgent and granted interim relief, effectively suspending the circular pending further court directions. The directive, issued on March 2, had required lecturers aged above 70 to retire immediately.
The case was filed by the University Academic Staff Union (UASU), which challenged the legality of the directive, arguing that it had already caused disruption within public universities. According to court filings, the sudden enforcement risked interrupting teaching programmes, examination processes, and postgraduate supervision.
Lawyer Titus Koceyo, representing the petitioner, told the court that many affected lecturers are actively engaged in academic duties and their abrupt exit would negatively impact institutions of higher learning across the country.
The union further argued that the PSC acted outside its mandate by unilaterally changing retirement terms that are governed by an existing Collective Bargaining Agreement (CBA). The agreement sets the retirement age at 74 years for senior academic staff, including lecturers, associate professors and professors.
In addition, the petition claims that the directive was issued without consultation with key stakeholders, including the union, raising concerns over violation of constitutional rights such as fair labour practices and the right to collective bargaining.
The application also warns that enforcing the directive could lead to unlawful termination of employment, contrary to provisions of the Constitution, the Employment Act and the Public Service Commission Act.
Justice Gakeri directed that the application be served immediately to the respondents, who have been given four days to file their responses.
The matter is scheduled for mention on March 24, 2026, when the court will give further directions after hearing both sides.
The ruling is expected to have far-reaching implications on staffing and policy direction within public universities, as stakeholders await clarity on the retirement age of academic staff.
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