Kenya Medical Research Institute (KEMRI) scientists have won a landmark case extending their retirement age from 65 years to 74 years, on par with their university counterparts.
In a case filed by Universities Academic Staff Union (UASU) in the Employment and Labour Relations Court in Nairobi, the KEMRI scientists argued that that through their teaching and supervision duties of postgraduate students at JKUAT and being members of UASU, they were academic staff and need to be enjoined to the CBA signed between UASU and Inter-Public Universities Councils Consultative Forum (IPUCCF) which, among others, set the retirement age of academic staff to 74 years.
In a ruling delivered on 26th November, Justice Hon Lady Hellen Wasilwa agreed with UASU that the MoU signed between Jomo Kenyatta University and Technology (JKUAT) with KEMRI in 2020 was to ensure that all faculty members were to be governed by the rules and regulations governing substantive appointments in JKUAT.
Wasilwa agreed that faculty members at KEMRI serving under the MoU cannot be different from the other faculty members of JKUAT. She also noted that retiring KEMRI professors at 65 while their JKUAT counterparts extend their retirement age to 74 was a breach of the labour rights of KEMRI professors.
Justice Wasilwa, therefore, issued an order barring KEMRI Board of Directors and Public Service Commission, who was the second responded, from retiring KEMRI scientists at 65 years.
Where it all began
When the petition was filed on 15th July 2025, KEMRI (the first respondent) had already issued retirement notices to some of its professors and research scientists nearing the retirement age of 65 years.
This was despite the fact that the aforementioned UASU CBA sets retirement age at 74. The foundation of the petition was that the affected KEMRI scientists and professors were bonafied members of the union, something that was indeed confirmed to KEMRI by UASU National Secretary-General Dr. Constantine Wasonga Opiyo.
The court, therefore, agreed with the petitioner that the retirement notices issued to KEMRI scientists and professors contravenes the CBA dated 23rd November 2024, and contravenes the petitioner’s right to equality before the law and treatment, as well as the right to fair labour practices.
By TV47 Kenya
