Court Suspends Directive on Retirement Age for University Lecturers
The court will decide on the case The court will make additional directions while determining future actions on March 24, 2026.
By Ruth Sang
The Employment and Labour Relations Court has temporarily halted the enforcement of a directive that set the retirement age for university lecturers and researchers at 70 years.
Justice Jacob Gakeri declared the University Academic Staff Union lawsuit against the directive to be an urgent matter according to his March order. The court granted interim relief which suspended the circular’s implementation until the court issued new instructions.
The judge ordered the immediate delivery of the application to the respondents who would receive four days to create their response. The court will conduct a preliminary hearing on the case which includes further guidance for the March 24, 2026, proceedings.
The Public Service Commission issued a circular on March 2, 2026, which established a mandatory retirement age of 70 years for lecturers and researchers in public universities and affiliated institutions.
Through lawyer Titus Koceyo, the petitioner argues that the directive has already disrupted university operations, as it requires the immediate retirement of lecturers above 70 years—many of whom are actively involved in teaching, grading exams, and supervising postgraduate students.
The higher education sector faces uncertainty because the directive creates fears that academic programmes will suffer if the directive becomes operational.
The petitioner claims that the commission exceeded its authority because it changed retirement regulations which the existing Collective Bargaining Agreement (CBA) established at 74 years for senior academic staff, including lecturers, associate professors, and professors.
The directive introduction violated constitutional provisions on fair labor practices because it required academic staff union consultation with key stakeholders before its introduction.
According to the application enforcement of the circular will lead to unauthorized job terminations which violate constitutional rights and the provisions of the Employment Act and Public Service Commission Act.
The court will decide on the case The court will make additional directions while determining future actions on March 24, 2026.
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