Resident Moves to Court to Challenge Mandatory Retirement Age

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A resident from Nairobi has moved to court to challenge the current setting of the mandatory retirement age for workers at 60 years and 65 years for those with different abilities.

According to the resident (Charles Chege Chege) , the mandatory retirement age in both the private and public sectors is unlawful and so the court should declare it.

As per to the argument presented by Chege, the right to work should not be understood narrowly to mean limitations by retirement age , but instead , it should be purposely based on giving the greatest positive effect that it holds.

Chege further indicates that  the Federation of Kenya Employers has heavily borrowed from the public sector that forces  its workers to retire at 60 years and 65 years for persons with disability without having any legal reasons for doing the same.

A group of Retired Teachers Association officials

A group of Retired Teachers Association officials ;Image/Courtesy

The resident says that such retirement practice based on ages is a pure discrimination and thus it goes against article 27(4), article 28 on human dignity.

In his papers, he adds that the retirement is practice is against article 41(1) based on right to fair labour practices as well as guidelines in article 57(a) on fully participation in the affairs of society.

Recently, there has been a heated debate following the proposal from the law makers to have the retirement reduced from 60 to 55 years.

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