Judge Halts President Ruto’s Mandatory Retirement Directive of Public Servants at 60 Years
A judge has put a hold on President William Ruto’s directive that required public servants to retire at the age of 60.
Employment and Labour Relations Court Judge Anna Ngibuini Mwaure temporarily halted the directive following a petition filed by Caroline Wambui Mwangi.
The judge issued a conservatory order, stopping the enforcement of the presidential directive on mandatory retirement age for public officers serving on permanent and pensionable terms until the case is resolved.
On July 5, 2024, President Ruto introduced several austerity measures to align government spending with the budget after the withdrawal of the Finance Bill, 2024.
One of the measures included a mandate for public servants to retire at 60, with no extensions to their service.
The judge also prohibited the Attorney-General or anyone acting on his behalf from implementing the directive.
The judge instructed Ms Mwangi’s lawyer, Robinson Maina, to serve the petition to the Attorney General, the Public Service Commission, and the Judicial Service Commission.
The case is set for mention on September 17, 2024, to schedule a ruling date.
Mr Maina noted that the Head of Public Service, Felix Koskei, reiterated the mandatory retirement age in a directive published on July 8, 2024.
He argued that the directive ignored existing employment contracts for those beyond the specified age bracket.
Mr Maina warned that if not stopped, the directive could lead to significant financial losses due to breach of contract damages.
The directive specified that all public officers aged 60 and above must retire, with exceptions for certain staff categories such as academic staff in public universities and researchers.
Ms Mwangi argued that the directive also covered magistrates and research staff in management roles at public research institutions and universities, enforcing the 60-year retirement age.
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The directive was sent to the Speaker of the National Assembly, Chief Justice Martha Koome, and other relevant officials.
Ms Mwangi claimed the directive and its subsequent publication were unconstitutional, illegal, and void.
She pointed out that the Public Service Act and Public Service Commission Regulations vest the authority to determine the retirement age for specific public officers with the PSC.
She noted that the constitution mandates the Judicial Service Commission to review and recommend service conditions, including retirement age, for judges and judicial officers.
Ms Mwangi emphasized that no public participation occurred before issuing the directive.
She argued that the directive violated national values and governance principles outlined in the constitution.
Ms Mwangi reiterated that the directive ignored existing employment contracts for those outside the age bracket.
She warned that the directive could result in severe financial losses from breach of contract damages if not reversed.
Ms Mwangi expressed concern that the rights and freedoms of public servants affected by the directive would be compromised if the case wasn’t prioritized.
Judge Halts President Ruto’s Mandatory Retirement Directive of Public Servants at 60 Years
