Maasai Mara University notice to cap retirement age at 60 found 'illegal'

The Employment and Labour Relations Court has declared null and void a November 2018 notice by Maasai Mara University capping the retirement age of its non-teaching staff at 60.

Justice Hellen Wasilwa delivered the judgment last week following a case by Cleophas Serem. The judge said the November 22, 2018 notice of retirement varying the contract of employment was unlawful and unfair.

Dr Serem, being among those affected by the notice, sued the university in 2019 seeking orders quashing the notice. He also wanted to be retained in the position he held as a medical officer without loss of any benefits until his retirement age of 65, as indicated in his contract of employment of September 2009.

In the suit, Serem said the university, on November 22, 2018, issued a notice of retirement that changed the retirement age from 65 to 60.

“I find the claimant (Serem) has established his case against the respondent (university) and I, therefore, declare the Notice of Retirement dated November 22, 2018, varying the contract of employment is unlawful and unfair,” read the court judgment.