Kenya Medical Research Institute (Kemri) Ag. Director General Prof Elijah Songok during a press briefing at the Kemri Mtwapa offices on October 3, 2024.
The board of directors of the Kenya Medical Research Institute (Kemri) has been threatened with disbandment by a senior government official after rejecting his directive to appoint Prof Elijah Maritim Songok as the organisation’s CEO, despite him being over the mandatory retirement age for public service.
At a recent board meeting chaired by former Wajir Senator Dr Abdullahi Ali Ibrahim, board members recorded their dissent to a letter from the official directing them to confirm Prof Songok—currently acting CEO—citing that such a move would violate the law.
The board, while standing its ground, cited the Constitution, the Public Service Commission (PSC) Act, the PSC Regulations of 2020, several circulars from the Head of Public Service (HoPS) and the Kemri HR manual.
Earlier this year, Head of Public Service Felix Koskei issued a warning to government ministries, departments and agencies (MDAs) about the consequences of non-compliance with circulars reinforcing the retirement age cap in public service: 60 years, or 65 for Persons With Disabilities (PWDs).
Chief of Staff and Head of Public Service Felix Koskei.
“Chairman, if you go by these particular laws, this paper ought not to be discussed today. So, as we speak right now, we are jumping the gun. Having said that, Chairman, I want to record my dissenting opinion,” said a board member.
On Sunday, Mr Koskei did not respond to inquiries about the threats to Kemri board members for complying with the law, regulations and his own circulars on retirement age.
Cut-throat posts
Recruitment in the public service is legally required to be competitive.
From the board’s deliberations, it emerged that the Kemri CEO position was not advertised, despite this being a legal requirement—leading members to believe that Prof Songok is being imposed on them.
Kemri Director-General Elijah Songok addresses journalists after commissioning the Centre of Excellence in Stem Cell Research Kemri Training Centre in Nairobi late last month
However, the board is not without fault.
The Kemri CEO position has remained under acting leadership for over two years despite PSC and the head of public service’s circulars limiting acting appointments to a maximum of six months while recruitment is underway.
According to information from Kemri’s website, Prof Songok returned to the institute in 2018 to head its graduate school and was appointed acting Director-General and CEO in 2023.
If the board yields to pressure to confirm Prof Songok, the move could be flagged as an audit query by the Office of the Auditor-General for violating public service laws.
Section 80(1) of the PSC Act stipulates that a public officer must retire upon reaching the mandatory retirement age. Regulation 70(1) of the PSC Regulations 2020 specifically caps this age at 60 (and 65 for PWDs).
“The commission or other appointing authority shall not extend the service of such retired public officers beyond the mandatory retirement age,” the Act reads.
However, the law allows post-retirement engagement under contract in exceptional cases where the officer possesses rare skills currently needed in the service—and only if age does not impair performance. Such arrangements must be formally documented.
Kemri head office in Nairobi.
“Subject to the Constitution, the PSC Act, and any other relevant written law or specific government policy, the mandatory retirement age in the public service shall be 60 years, and 65 for PWDs,” the regulation states.
The board members criticized the official’s approach, arguing that proper procedure had not been followed to engage Prof Songok as acting CEO, let alone confirm him.
“If we proceed as we are, we will all be in violation of the laws of this land—the Constitution, PSC Act, Kemri HR manual and more than seven circulars on the mandatory retirement age in public service,” said another board member.
Another board member noted that they had received legal advisories from the Office of the Attorney-General on such matters, further urging compliance with the law.
“I also consulted our HR Director, and she confirmed that PSC forms for those due to retire have already been issued. In the absence of any contrary directive, we must comply with the law. I record my dissent,” they added.
In one of his circulars, Mr Koskei warned MDAs that there would be zero tolerance for violations of the retirement policy.
“The mandatory retirement age for public officers remains 60 years, or upon completion of a contract—whichever comes last. This provision is non-negotiable and applies across all cadres,” he wrote.
