The High Court has rejected a constitutional petition seeking to abolish the mandatory retirement age in Kenya. The court ruled that retirement age limits remain lawful, reasonable, and non-discriminatory for employees in both the public and private sectors.
The case was filed by Charles Chege Gitau, who challenged the policy that requires employees to retire at 60 years, or at 65 for persons with disabilities. He argued that the mandatory retirement age violates constitutional rights to equality, dignity, and fair labour practices.
According to Gitau, the retirement policy reinforces stereotypes about older workers’ productivity. He claimed it unfairly assumes that advancing age automatically reduces an employee’s efficiency. In addition, he argued that the rule does little to guarantee job opportunities for young people.
The petitioner also compared the situation to certain professions where retirement rules differ. For example, judges, Members of Parliament, and university researchers often work beyond the general limit. Gitau insisted that such exemptions show inconsistency and discrimination in the application of the law.
However, the High Court dismissed these arguments. The judges emphasized that the mandatory retirement age serves important labour market and institutional planning purposes. They explained that having clear retirement timelines helps employers manage human resources, plan succession, and create opportunities for younger workers.
Retirement ruling
The court further noted that the retirement age policy applies equally to all employees within its scope. Therefore, it does not amount to unfair discrimination. The judges maintained that specific exemptions in certain professions arise from unique constitutional or statutory provisions, not from bias.
This decision means the mandatory retirement age in Kenya remains unchanged. Employees in most sectors will still exit at 60 years, while those with disabilities will retire at 65. The ruling reinforces the legal standing of the retirement framework and confirms its role in maintaining workplace balance.
