UASU sues KEMRI over plan to retire scientists, professors before age 74
The University Academic Staff Union argues that KEMRI’s decision to retire staff at 65 is unlawful and violates an existing collective bargaining agreement.
The University Academic Staff Union (UASU) has filed a petition at the Employment and Labour Relations Court to stop the Kenya Medical Research Institute (KEMRI) from enforcing mandatory retirement for senior scientists and professors before the age of 74.
In the petition, presented before Lady Justice Hellen Wasilwa, UASU is seeking temporary orders to suspend the retirement process for its members until the case is fully heard and determined.
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The union argues that KEMRI’s decision to retire staff at 65 is unlawful and violates an existing collective bargaining agreement (CBA).
Through its representative, Dr Shadrack Muya, UASU claims KEMRI and the Public Service Commission (PSC), named as the second respondent, acted unlawfully by issuing retirement notices to employees covered under a valid CBA.
The agreement, signed on November 23, 2024, between UASU, the Inter-Public Universities Council Consultative Forum (IPUCCF), and the Federation of Kenya Employers (FKE), sets the retirement age for university lecturers, professors, and research scientists at 74.
In court documents, Muya argues that KEMRI’s retirement notices contradict the CBA and infringe on members’ rights to fair labour practices, equal treatment, and dignity at work.
Subject to terms of agreement
He also noted that the affected staff are on secondment from Jomo Kenyatta University of Agriculture and Technology (JKUAT) and are therefore subject to the terms of the agreement.
UASU further points out that neither KEMRI nor the PSC has challenged the validity of the CBA.
Muya also cited a circular from the Executive Office of the President dated June 16, 2025, which outlines varying retirement ages for public officers, allowing academic and research staff to serve until 74.
The petition invokes Section 59(3) of the Labour Relations Act, which states that the terms of a CBA must be incorporated into the employment contracts of covered employees. UASU argues that deviating from the agreed retirement age is therefore unlawful.
The union also highlighted the success of the KEMRI-JKUAT collaboration, which has seen over 2,000 postgraduate students admitted and more than 1,000 master’s and PhD graduates produced.
Muya warned that unless the court intervenes, more professors and scientists risk being unlawfully forced out of service, jeopardising ongoing research and academic programmes.
Justice Wasilwa has directed KEMRI and the PSC to respond to the petition within 14 days. The case is scheduled for mention and possible judgment on September 29, 2025.
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