In a bold move, Charles Chege Chege, a resident of Nairobi, has taken legal action to challenge the imposition of a mandatory retirement age of 60 years, and 65 years for persons with disabilities.
Chege’s petition seeks to declare these retirement age regulations unlawful, both in the private and public sectors.
According to Chege, FKE enforced these retirement ages without proper legal authority, heavily relying on practices from the public sector.
He contends that such regulations amount to discrimination based on age and violate several constitutional provisions.
In his court filing, Chege argues that the imposition of a mandatory retirement age infringes on various fundamental rights guaranteed by the Kenyan Constitution.
Specifically, he cites Article 27(4) on non-discrimination, Article 28 on human dignity, Article 41(1) concerning the right to fair labor practices, and Article 57(a) which guarantees the right to fully participate in the affairs of society.
This legal challenge reflects growing concerns among individuals like Chege, regarding age-based discrimination in employment practices.
By challenging the legality of mandatory retirement ages, Chege aims to promote equality and fairness in labor practices.
He ensures that individuals are not unfairly excluded from the workforce based solely on their age.
The outcome of this case could have significant implications for employment policies and practices in Kenya.
Furthermore leading to reforms that address age-based discrimination and promote a more inclusive and equitable workforce.
As the case progresses, it will be closely watched by both employers and employees.
