A Nairobi resident Monday 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 argued 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 argued 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.
“An order directed at the 2nd and 3rd respondents compelling the said respondent to unconditionally allow public and private servants to work beyond the age of 60 years and earn their remuneration thereto.”
He now wants the Attorney General and Public Service Commission to remove the legal retirement age.
Justice Lawrence Mugambi directed the petition and application to be served to the Attorney General, PSC and FKE within seven days.
Subsequent responses to both the application and the petition to be submitted within seven days and fourteen days, respectively, upon being served.
The matter will be mentioned on March 18 for further directions.
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