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Senior research scientists at the Kenya Medical Research Institute (KEMRI) have secured a major legal victory after the High Court ruled that those working under a collaboration agreement with Jomo Kenyatta University of Agriculture and Technology (JKUAT) are entitled to retire at 74 years—rather than 65.
Justice Hellen Wasilwa’s decision effectively extends the retirement benefits outlined in the Universities Academic Staff Union (UASU) Collective Bargaining Agreement (CBA) to the affected KEMRI researchers, setting an important precedent for staff in joint institutional programs.
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The petition was filed by Dr. Shadrack Muya, a JKUAT employee and UASU secretary, who challenged attempts by KEMRI and the Public Service Commission (PSC) to retire senior scientist-professors at 65 in line with KEMRI’s 2019 HR Manual.
While KEMRI and PSC argued that KEMRI is not a university and therefore not bound by the CBA, the court disagreed, pointing to the 2020 Memorandum of Understanding between KEMRI and JKUAT.
The MOU allows KEMRI to run JKUAT academic programs, meaning faculty appointed under the partnership must follow JKUAT’s employment terms—including the 74-year retirement age for professors, senior lecturers and associate professors.
Justice Wasilwa ruled that the professor scientists had a legitimate expectation to retire at 74, as set in the CBA, and that retiring them earlier would violate their labour rights under Article 41 of the Constitution.
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The court declared KEMRI’s 65-year retirement clause unconstitutional for staff covered under the MOU, stating:
- KEMRI academic staff in the JKUAT collaboration are entitled to the CBA retirement age of 74.
- Any move to retire them earlier is unlawful and invalid.
The ruling reinforces that contractual agreements within collaborative institutions must honour the employment terms of the partner university.
