Kemri professors, scientists to retire at 74, High Court rules

University professors seconded to the Kenya Medical Research Institute (Kemri) will now retire at 74, up from 65, following a ruling by High Court Judge Hellen Wasilwa..

The judge cited the Collective Bargaining Agreement (CBA) between the Universities Academic Staff Union (Uasu) and the Inter-Public Universities Councils Consultative Forum (IPUCCF), which sets the retirement age of academic staff at 74.

Justice Wasilwa barred the Kemri Board of Directors and the Public Service Commission (PSC) from enforcing early retirements, calling any attempt to retire professors, scientists, or academic staff at 65 “unconstitutional.” The ruling followed a case filed by UASU, representing Kemri scientists seconded from Jomo Kenyatta University of Agriculture and Technology (JKUAT).

The researchers argued that, due to their teaching and supervision of postgraduate students, they qualify as academic staff under the CBA. The High Court also referenced a 2020 Memorandum of Understanding between Kemri and JKUAT, which ensures faculty members are governed by university rules.

Prof Shaddrack Muya noted that retirement notices issued to senior staff, including professors and research scientists, violated the CBA and their rights to equality and fair labour practices.

The CBA aligns with government policy setting retirement at 60 for public officers, 65 for persons with disabilities, and 74 for university lecturers and research scientists. Justice Wasilwa’s ruling bars KEMRI from retiring academic staff at 65, safeguarding researchers’ rights.