The Lower Eastern Times Opening The Third Eye
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A resident of Nairobi has initiated legal proceedings to contest the establishment of the mandatory retirement age at 60 years and 65 years for individuals with disabilities.
Charles Chege Chege has petitioned the court to declare the compulsory retirement age, applicable in both public and private sectors, as illegal.
Chege argues that the right to work should not be narrowly construed to imply restrictions imposed by retirement age. Instead, he asserts that it should be interpreted broadly to maximize its positive impact. He further contends that the Federation of Kenya Employers has unjustly adopted retirement ages of 60 years and 65 years for individuals with disabilities, without any legal basis.
According to court documents, Chege asserts that such policies constitute blatant age-based discrimination and contravene several articles of the constitution.
These include Article 27(4) on non-discrimination, Article 28 on human dignity, Article 41(1) pertaining to fair labor practices, and Article 57(a) guaranteeing the right to participate fully in society’s affairs.
