High Court Affirms Kenya’s Mandatory Retirement Age as Lawful and Equitable

Nairobi, August 14, 2025 — In a landmark ruling, the High Court has upheld regulations mandating retirement at age 60 for most workers—and at 65 for persons with disabilities—ruling these age limits lawful, reasonable, and not discriminatory.

The Case at a Glance

Charles Chege Gitau filed a constitutional petition against the Public Service Commission (PSC), arguing that the retirement caps breached rights to equality, dignity, fair labour practices, and age-related discrimination. He pointed to exemptions for judges, Members of Parliament, and senior researchers as evidence of systemic inequity.

Justice Mugambi’s Judgment

Justice Lawrence Mugambi found that the High Court rightly had jurisdiction, as the petition raised constitutional issues rather than typical employer–employee disputes.

He held that Gitau had failed to establish unlawful discrimination. He clarified that variations in retirement ages reflect differing legal frameworks and job functions—not arbitrary or unfair treatment.

Rather than treating retirement age as a constitutional right, Justice Mugambi described it as a service condition set under the PSC’s mandate, as per Article 234 of the Constitution and the PSC Act.

Exceptions and Transition Measures

The court also acknowledged that both the PSC Act and its regulations allow for retention of exceptional talent beyond retirement through post-retirement contracts—particularly when rare skills are involved.

What This Means in Practice

• Retirement at 60 remains mandatory for most civil servants and private-sector workers.

• Persons with disabilities can serve up to age 65.

• Post-retirement extensions are possible, but only in exceptional cases with demonstrated need and competence.

• The court declined to award costs, citing the public-interest nature of the petition.

Summary Table

This ruling reaffirms the PSC’s ability to set reasonable service conditions while balancing workforce planning, fairness, and inclusion (including opportunities for the youthful job market). Let me know if you’d like further background—such as historical trends in retirement policy, reactions from civil service groups, or insight into proposed legislative reforms.