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| University Lecturers in past event. |
Court Upholds PSC Retirement Policy, Allows University Professors to Retire at 70
The Employment and Labour Relations Court has dismissed an attempt by the Universities Academic Staff Union (UASU) to stop the implementation of the Public Service Commission's (PSC) revised retirement policy for academic staff in public universities.
The ruling allows the new retirement age framework to remain in force, ending months of uncertainty surrounding the future of university professors and lecturers.
Under the revised policy, professors and associate professors in public universities will retire at the age of 70, while lecturers, senior lecturers, and research scientists with doctoral qualifications will retire at 65. Other public university employees will continue to retire at the mandatory public service retirement age of 60.
The PSC says the changes are intended to retain experienced academic professionals while ensuring consistency in public service human resource policies.
The legal dispute arose after the PSC introduced the revised retirement age policy earlier this year. UASU challenged the directive, arguing that it had been implemented without sufficient consultation and that it conflicted with existing agreements governing university staff.
The union also expressed concerns that the changes could disrupt learning, research, postgraduate supervision, and other academic activities in public universities.
Before the final ruling, the court had temporarily suspended the implementation of the policy to allow the case to be heard fully. However, after reviewing submissions from all parties, the court found that the PSC acted within its constitutional mandate to formulate and oversee human resource policies in the public service.
Consequently, the temporary orders were lifted, allowing the retirement policy to take effect.
In its judgment, the court also rejected the argument that university lecturers had a legitimate expectation to continue serving under previous retirement arrangements.
It held that such expectations cannot override existing legal provisions that empower the PSC to determine retirement policies for public servants. The court maintained that the commission's decisions remain valid unless proven to be unlawful.
The ruling is expected to have significant implications for public universities across the country. Institutions that had delayed implementing the retirement policy while awaiting the court's decision now have legal clarity on the matter.
Universities will be expected to align their human resource practices with the revised framework and plan their staffing accordingly.
The PSC has defended the policy as a move aimed at preserving valuable academic expertise within public universities.
By allowing senior professors to serve until the age of 70, the commission believes universities will continue benefiting from experienced scholars who play an important role in research, innovation, mentorship, postgraduate supervision, and academic leadership.
The court's decision marks a significant development in Kenya's higher education sector, providing certainty over retirement policies while highlighting the balance between institutional continuity, legal authority, and effective management of the country's public universities.
Court Upholds PSC Retirement Policy, Allows University Professors to Retire at 70