The Employment and Labour Relations Court in Nairobi has issued conservatory orders temporarily suspending the implementation of a circular by the Public Service Commission (PSC) that altered the retirement age for lecturers in public universities. The order was issued by Justice Byram Ongaya on March 17, 2026, following a petition filed by the Universities Academic Staff Union (UASU).
The contested PSC circular, dated March 11, 2026, directed that the retirement age for all public officers, including university lecturers, be capped at 60 years. UASU argued this directive was unlawful as it contravened existing collective bargaining agreements and the Universities Act, which set the retirement age for academic staff at 70 years.
In its petition, UASU stated the abrupt change would cause massive disruption to academic programs, lead to a loss of experienced staff, and violate the terms of service for its members. The union also contended the PSC lacked the authority to unilaterally change conditions for university staff, who are governed by specific statutes.
The court's suspension will remain in effect until the petition is heard and determined. The case has been scheduled for mention on April 9, 2026. The PSC and the Attorney General are listed as respondents in the case.
