Court stops President Ruto's directive on mandatory retirement of public servants
A judge has suspended President William Ruto's directive requiring public servants to retire at 60 years.
A judge has suspended President William Ruto's directive requiring public servants to retire at 60 years.
Employment and Labour Relations Court judge Anna Ngibuini Mwaure, however, suspended the directive pending the determination of a petition filed by Caroline Wambui Mwangi.
"Pending the hearing and determination of this Application inter-partes, a conservatory order be and is hereby issued staying the Presidential directive dated July 8, 2024, on mandatory retirement age for public officers serving on permanent and pensionable terms or any other precipitate action," the order stated.
In his address on July 5, 2024, President Ruto announced a raft of austerity measures and other state interventions aimed at aligning government expenditures with the budgetary implications following the withdrawal of the Finance Bill, 2024.
Among the measures announced by Dr Ruto is that public servants who attain the retirement age of 60 years shall be required to immediately proceed on retirement, with no extensions to their tenure of service.
The Judge issued orders restraining the Attorney-General or any other person acting under his directive from implementing or enforcing the Presidential directive.
The judge directed Ms Mwangi's lawyer Robinson Maina to serve the petition on the Attorney General, Public Service Commission and the Judicial Service Commission with the court documents.
Mandatory retirement age
The case will be mentioned on September 17, 2024, to give a date for ruling.
Mr Maina pointed out that the Head of Public Service Felix Koskei subsequently published a Presidential Directive on July 8, 2024, reiterating the mandatory retirement age for public officers serving on permanent and pensionable terms.
He said the directive disregards the existence of multiple employment contracts by persons outside the prescribed age bracket.
He said unless stopped, the directive will expose taxpayers to severe financial setbacks accruing from awards for damages occasioned by breach of contract.
The directive required all public officers who have attained the age of 60 years to proceed on retirement without fail except all cadres of all the staff whose terms are pegged on the existing schemes of service such as academic staff serving in public universities, researchers serving in research institutions, persons living with disabilities; and retirement age for the judges stipulated in Article 167(1) of the constitution.
According to Ms Mwangi, the directive further reiterated that the magistrates and research staff serving in a management capacity in public research institutions and public universities must adhere to the 60 years mandatory retirement age.
The directive was addressed to the Speaker of the National Assembly and chairperson of the Parliamentary Service Commission, Chief Justice Martha Koome, chairpersons of the Council of Governors, PSC and Teachers Service Commission.
She said the directive and the subsequent publication by Mr Koskei is unconstitutional, illegal, null and void for being in contravention of the constitution and the law.
Public Service Act
The petitioner said section 80 of the Public Service Act and Regulation 70 of the Public Service Commission Regulations, 2019 which stipulate the mandatory retirement age and vests in the PSC the authority to determine the retirement age for certain cadres of public officers.
These include lecturers and research scientists serving in public universities, research institutions or equivalent institutions as determined by PSC in consultation with such universities, research institutions or equivalent institutions.
Further, Article 172 (1) (b) of the constitution mandates the JSC to review and make recommendations on the conditions of service of judges and judicial officers, and the staff of the Judiciary including the applicable retirement age.
Ms Mwangi said no public participation was conducted before the issuance of the directive.
"Thus, the said directive runs counter to the national values and principles of governance enunciated in Article 10 of the Constitution," said Ms Mwangi.
She said the directive disregards the existence of multiple employment contracts, by persons outside the prescribed age bracket.
"Unless reversed, the directive will expose taxpayers to severe financial setbacks accruing from awards for damages occasioned by breach of contract," she said.
The Kenyan said she was apprehensive that the rights and fundamental freedoms of all public servants affected by the directive and the publication if the case is not heard on priority.
