Court Suspends Retirement Age Directive for University Lecturers”

In orders issued in March, Justice Jacob Gakeri certified as urgent an application filed by the University Academic Staff Union challenging the directive. The court granted interim orders suspending the circular pending further directions.

The judge also directed that the application be served immediately to the respondents, who have been given four days to respond. The case will be mentioned on March 24, 2026, for an inter partes hearing and additional directions.

The dispute centers on 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.

Through lawyer Titus Koceyo, the petitioner argues that the directive has already disrupted university operations. The application notes that many affected lecturers over 70 are actively engaged in teaching, supervising postgraduate students, and marking examinations.

Court filings further indicate that the directive has created uncertainty in the higher education sector, with fears that academic programmes could be significantly affected if enforced.

The petitioner also contends that the PSC exceeded its mandate by altering retirement terms outlined in an existing Collective Bargaining Agreement, which sets the retirement age at 74 years for senior academic staff, including lecturers, associate professors, and professors.

Additionally, the union argues that the directive was issued without consultation with key stakeholders, violating constitutional provisions on fair labour practices and the right to collective bargaining.

The application further raises concerns that enforcing 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 case will be heard on March 24, 2026, when the court is expected to give further directions on the