Court halts implementation of retirement age directive for university lecturers

In orders delivered on March by Justice (Dr.) Jacob Gakeri certified as urgent an application by University Academic staff Union challenging the directive and granted interim relief in terms of prayer two, effectively suspending the implementation of the circular pending further court directions.

The judge directed that the application be served upon the respondents immediately, who have been given four days to file their responses.

The matter will be mentioned on March 24, 2026, for inter partes hearing and further directions.

The case challenges a circular issued on March 2, 2026, by the Public Service Commission (PSC), which introduced a mandatory retirement age of 70 years for lecturers and researchers in public universities and related institutions.

The petitioner through lawyer Titus Koceyo argues that the directive has already disrupted universities, as it requires the immediate retirement of lecturers aged over 70, many of whom are currently engaged in teaching, marking examinations, and supervising postgraduate students.

According to court filings, the abrupt move has thrown the higher education sector into uncertainty, with concerns that ongoing academic programmes could be severely affected if the directive is enforced.

The petitioner further contends that the PSC acted outside its mandate by unilaterally altering retirement terms governed by an existing Collective Bargaining Agreement (CBA), which sets the retirement age at 74 years for senior academic staff such as lecturers, associate professors, and professors.

It is also argued that the directive was issued without consultation with key stakeholders, including the union representing university academic staff, thereby violating constitutional provisions on fair labour practices and the right to collective bargaining.

The application also raises concerns that the circular could lead to unlawful termination of employment without due process, contrary to the Constitution, the Employment Act, and the Public Service Commission Act.

The matter will be heard on March 24, 2026, when the court will consider further directions and determine the way forward in the case.