Supreme Court Stays Implementation of PSC Circular to Change Retirement Age of Lecturers

  • The Supreme Court stayed the implementation of the new retirement age for public university lecturers days after the Public Service Commission (PSC) order
  • The University Lecturers’ Association (UASU) cited several reasons to oppose the order, including the disruption of academic programs
  • Judge Jacob Gakeri issued interim orders and set a hearing date where further instructions will be issued

The Employment and Labor Relations Court has suspended the implementation of the recent changes in the retirement age for public university lecturers and researchers.

The interim orders are against the circular issued by the Public Service Commission (PSC) on March 2, which raised the retirement age of professors and their assistants to 70 years and 75 years for their colleagues living with disabilities.

The document explained that senior lecturers, lecturers, and researchers with doctoral (PhD) and master’s degrees will retire at the age of 65, while those with disabilities will be given an extension up to 70 years.

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According to the Executive Director of PSC, Paul Famba, the decision was reached after consultation with public institutions and was ordered to be implemented immediately.

However, the order was opposed by the University Lecturers Association (UASU).

Why was the PSC circular on retirement age opposed?

In a Radio 47 report, the complainant through lawyer Titus Koceyo claimed that the order disrupts universities because some of the lecturers who are required to retire according to the document are still teaching, taking exams, and supervising postgraduate students.

The plaintiff alleged that the PSC exceeded its authority by unilaterally changing the retirement provisions set forth in the Collective Bargaining Agreement (CBA).

The case documents stated that important stakeholders such as the lecturers’ union were not involved, which violates the constitutional provisions on labor rights and collective bargaining.

UASU also claimed that the sudden change in policy has disrupted higher education and raised fears about the possible disruption of academic programs and could lead to illegal termination of employment without due process.

Judge Jacob Gakeri considered the case to be urgent and issued temporary orders to suspend the implementation of the document until further court orders are issued.

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He ordered that the applications be submitted immediately to the respondents, who have been given four days to submit their responses.

The case is scheduled to be heard on March 24, 2026.

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Source: TUKO.co.ke