Court Extends Retirement Age for KEMRI Scientists to 74 in Landmark Ruling

By Mbungu Harrison

Email, thecoastnewspaper@gmail.com

Scientists at the Kenya Medical Research Institute (KEMRI) can now serve until the age of 74 following a landmark ruling by the Employment and Labour Relations Court in Nairobi.

The decision aligns their retirement terms with those of university faculty, marking a major victory for research professionals and safeguarding continuity in Kenya’s scientific and academic programmes.

The ruling, delivered by Justice Hellen Wasilwa, stemmed from a petition filed by the University Academic Staff Union (UASU).

In a case filed by the union in the Employement and Labour Relations Court, 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 Government of Kenya which, among others, set the retirement age of academic staff to 74 years.

The union argued that KEMRI scientists, many of whom teach and supervise postgraduate students at JKUAT are effectively academic staff and therefore entitled to the same retirement terms outlined in a collective bargaining agreement (CBA) governing university lecturers and researchers.

In her judgment, Justice Wasilwa noted that a 2020 memorandum of understanding (MoU) between KEMRI and JKUAT required faculty members under the partnership to be governed by JKUAT’s employment regulations.

She ruled that forcing KEMRI professors to retire at 65 while their JKUAT counterparts could serve until 74 violated their labour rights.

The court consequently barred the KEMRI Board of Directors and the Public Service Commission from enforcing retirement at 65.

UASU, represented by Dr. Shadrack Muya, had earlier petitioned the court to halt KEMRI’s retirement notices, arguing they breached the CBA signed on 23 November 2024 between UASU, the Inter-Public Universities Council Consultative Forum (IPUCCF), and the Federation of Kenya Employers (FKE).

The agreement sets the retirement age for university lecturers, professors, and research scientists at 74.

Dr. Muya emphasized that neither KEMRI nor the PSC had contested the validity of the CBA, adding that early retirement would have disrupted vital research and academic mentorship.

The KEMRI–JKUAT collaboration has produced more than 1,000 master’s and PhD graduates and enrolled over 2,000 postgraduate students, underscoring the essential role senior scientists play in training the next generation of researchers.

With the court’s decision, KEMRI scientists will now remain in service until 74, securing the continuity of critical research projects and maintaining Kenya’s capacity to train high-level scientific talent.