A resident of Nairobi has taken legal action, challenging the establishment of the mandatory retirement age at 60 years and 65 years for individuals with disabilities.
In the legal battle addressing alleged age-based discrimination, Charles Chege, in his case presented before High Court Judge Lawrence Mugambi, advocates for employees to continue working beyond 60 years if they possess the zeal and strength to do so.
Chege has filed the lawsuit against the Attorney General, the Public Service Commission (PSC), and the Federation of Kenya Employers (FKE). He contends that the 60-year-old age limit unfairly isolates certain employees without considering whether they are still competent and capable of continuing their work.
“This is pure discrimination based on age and thus it goes against Article 27(4), Article 28 on human dignity, Article 41(1) based on the right to fair labour practises, Article 57(a) to fully participate in the affairs of society,” says the petitioner.
The petitioner argues that Article 27(4) prohibits the state from directly or indirectly discriminating against any person based on various factors, including race, sex, pregnancy, marital status, health status, social origin, color, age, disability, religion, conscience, belief, culture, dress, language, or birth.
In his petition, Chege asserts that every Kenyan has the right to earn a living regardless of age. He believes the current employment arrangement unjustifiably excludes certain people from work.
Chege also notes that Section 20 of the Pensions Act allows the private sector to establish its own retirement age. Nevertheless, he points out that most private companies have aligned their retirement age with the government’s standard of 60 and 65 years.
The petitioner wants the court to find that retirement age should be determined by factors other than age. He urges the court to declare that a fixed retirement age is discriminatory and violates the right to fair labor rights.
Simultaneously, Chege requests the court to eliminate the retirement age requirement in both public and private sectors. He calls for the court to instruct the government and private sector to permit all employees to work without conditions beyond 60.
Justice Mugambu directed Chege to serve the court papers and attend a mention of the case on March 18, 2024.
