A section of research scientists at the Kenya Medical Research Institute (KEMRI) has filed a case in the High Court seeking to challenge their mandatory retirement age of 65 years.

In a petition filed at the Employment and Labour Court (ELC), the researchers seconded to KEMRI from Jomo Kenyatta University of Agriculture and Technology (JKUAT) want to retire at 74 years.

Through the University Academic Staff Union (UASU), the researchers and scientists want the court to restrain KEMRI from affecting their retirement until the case is heard and determined. 

In the petition, Prof. Shaddrack Muya told Justice Hellen Wasilwa that they were lecturers under the KEMRI-JKUAT Faculty collaboration.

Muya said that UASU, the Inter-Public Universities Council Consultative Forum (IPUCCF), and the Federation of Kenya Employees (FKE) signed a Collective Bargaining Agreement (CBA) that sets the retirement age of university lecturers, professors, and other senior academic staff at 74 years.

Muya filed a certificate of urgency dated May 5, 2025, seeking a temporary injunction restraining KMRI from retiring its professors and scientists who have attained the age of 65 years.

He said that KEMRI issued retirement notices to some of its graduate school senior academic staff, professors, and research scientists nearing the retirement age of 65 years.

Muya said that the retirement notice contravenes the CBA dated November 23, 2024, and contravenes the professor’s right to equality before the law and treatment and right to fair labour practices too.

He said the CBA sets the retirement age for lecturers, senior lecturers, associate professors, professors, and research scientists at 74 years.

“The retirement age of 74 years is in line with the government policy on retirement vide the Executive Office of the President circular dated June 16, 2025, on Mandatory Retirement Age of public officers,” said Muya.

He said the policy puts the mandatory retirement age in the public service at 60 years, 65 years for persons with disabilities, and such age as may be determined by relevant legislation and guidelines for lecturers and research scientists serving in public universities, research institutions, or equivalent institutions.

Muya said that KEMRI issued a retirement notice to one of its professors on the grounds of age on April 7, 2025.

“Be that as it may, KMRI-JKUAT had entered into a Memorandum of Agreement (MOU) to build capacity for postgraduate research and cooperate in many areas. Jointly, the parties have admitted over 2,000 students and graduated more than 1,000 MSc and PhD holders,” said Muya.

On January 16, 2025, JKUAT provided a list of scientists and lecturers under the collaboration who are bona fide members of the University’s Academic Staff Union (UASU-JKUAT Chapter).

Muya said that the National Secretary General, Dr. Constantine Wasonga Opiyo, confirmed to KMRI’s staff, professors, and researchers that they are members of the UASU.

He said KMRI plans to issue further retirement notices to some of its lecturers under the KMRI-JKUAT Faculty collaboration.

He said the last circular on retirement in the public sector, dated March 20, 2025, reviewed the mandatory retirement age for public servants, raising it from 55 to 60 years, but retained the retirement age for public servants whose retirement age was above 60 years.

Muya said the current policy on retirement of public servants provides for a mandatory retirement age of 55 years exempts judges, academic staff in public universities and research scientists.

“Even public servants with disabilities whose retirement ranges from 60 years to 74 years,” said Muya.

He prayed for equal treatment of all the UASU members and said that retiring them at the age of 65 years contravenes the lecturers’ right to equality before the law, treatment, and right to labour practices.

Muya said they stand to suffer irreparably if KMRI is not restrained from retiring any of the professors, lecturers, and research scientists under the KMRI-JKUAT Faculty collaboration who are members of UASU and who have attained the age of 65 years, pending the hearing of the petition on violation of rights enshrined in the constitution.