Government seeks out-of-court settlement in chiefs' age limit row

Attorney General, Dorcas Oduor. [Elvis Ogina, Standard]

The government is seeking an out-of-court settlement in a petition challenging the age limit for the position of local administrator (Chief II).

The petition by Laban Omusundi and Tribeless youth depose that the condition set that all applicants must be 35 years and above was discriminatory and unfair.

However, the Attorney General (AG) has asked for time to review an advertisement made on February 4, 2026, for the position of Chief II in the Teachers' area in Nakuru County.

According to the Public Service Commission, Kenyan applicants must be 35 years and above to qualify for the position.

In the application before Judge Anne Mwaure of the employment court, the AG confessed that there may be a need to engage with the petitions in a bid to resolve the case out of court.

"The engagement may lead to the recall of the advertisement and re-advertisement of the same, the AG submitted.

Further, the AG averred that if the matter remains unresolved, then the petition can proceed to a full hearing.

The court granted the parties 30 days to engage and file an agreement or otherwise before the court on July 9.

A petition has been filed challenging the notion that Kenyans must attain the age of 35 years and above to be considered for the appointment of a Chief II.

The two sued the Deputy County Commissioner (DCC) Nakuru East Sub-County, the Interior Cabinet Secretary and the Attorney General (AG), before Employment and Labour Court Judge Anna Mwaure.

They want the recruitment process at Teachers suspended and the impugned advertisement quashed by the court.

They seek orders restraining the government, which is the recruitment agency, from conducting interviews, shortlisting, appointing or gazetting a Chief II, through the impugned recruitment process.

“The court should also declare that the age restriction of 35 years and above is unconstitutional, discriminatory and unfair,” they pray.

They further seek a mandatory order, directing the Interior Ministry to re-advertise the same position in compliance with the Constitution, without discriminatory criteria.

They urge the court to order the ministry to issue a circular across all the counties, barring any other advertisement that has requisition of age discrimination to chiefs or Assistant Chiefs.

The petitioners claim that the government, through the Interior Ministry, has violated seven Articles of the constitution, on employment, fairness and citizen rights.

“Unless the court intervenes immediately, the process will proceed, interviews conducted, and an appointment finalised pursuant to an unconstitutional and discriminatory criterion,” they note.

The two insist that there are qualified youths aged below 35 years who have been unlawfully locked out by the advertisement.

“The advertisement violates Articles 10, 27 and 232 of the Constitution by arbitrarily excluding a class of citizens based on age without lawful justification,” they submit.

For the good of the public, the petitioners argue that recruitment into the public office should be in accordance with constitutional principles of equality, inclusivity, merit and fair competition.

The case will be mentioned on July 9 for further directions.