The Employment and Labour Relations Court has issued interim orders halting the implementation of a directive by the Public Service Commission (PSC) that set the mandatory retirement age for university lecturers and researchers at 70 years.
Justice (Dr.) Jacob Gakeri, certifying the matter as urgent, granted interim relief to the University Academic Staff Union (UASU), effectively suspending the circular issued on March 2, 2026, pending further court directions.
The judge ordered that the application be served on the respondents immediately, allowing them four days to file their responses. The case is scheduled for inter partes hearing and further directions on March 24, 2026.
The petition, filed by UASU through lawyer Titus Koceyo, challenges the PSC directive on the grounds that it disrupts university operations by requiring the immediate retirement of lecturers over 70 years, many of whom are actively teaching, supervising postgraduate students, and marking examinations.
The union contends that the PSC acted outside its mandate by unilaterally altering retirement terms governed by an existing Collective Bargaining Agreement (CBA), which sets the retirement age for senior academic staff lecturers, associate professors, and professors at 74 years.
UASU also argued that the circular was issued without consultation with key stakeholders, including the union, in violation of constitutional provisions on fair labour practices and the right to collective bargaining. The petition further raises concerns that enforcement of the directive could amount to unlawful termination without due process, contrary to the Constitution, the Employment Act, and the Public Service Commission Act.
The interim orders provide temporary relief to affected academic staff while the court considers the legal and procedural merits of the case.
