Nairobian in court to challenge mandatory retirement age

Nairobian in court to challenge mandatory retirement age

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A Nairobi resident has moved to court challenging the setting of the mandatory retirement age as 60 years and 65 years for persons with disability.

Charles Chege Chege wants the court to declare that the mandatory retirement age in both the private and public sectors is unlawful.

He argues that the right to work should not be understood narrowly to mean limitations by retirement age but should be interpreted purposely to give the greatest positive effect to it.

He further argues the Federation of Kenya Employers has heavily borrowed from the public sector to force its subjects to retire at 60 years and 65 years for persons with disability without any legal backing.

"That accordingly, this is a pure discrimination based on age and thus it goes against article 27(4), article 28 on human dignity, article 41(1) based on right to fair labour practises, article 57(a) to fully participate in the affairs of society," reads court papers. 

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