The University Academic Staff Union (UASU) has filed a case at the Employement and Labour Court to restrain Kenya Medical Research Institute (KEMRI) from sending her scientists and professors on retirement before their attaining 74 years.

UASU’s prayer to the court is to stop KEMRI from the process of retiring the scientists, pending the hearing and determination of the matter.

In the petition filed before Hon.Justice Wasilwa on 15th July 2025, UASU’ s official Dr. Shadrack Muya notes that KEMRI (the first respondent) had already issued retirement notices to some of its professors and research scientists nearing the retirement age of 65 years.

UASU CBA sets retirement age at 74?But in the petition, Dr. Muya argues that the aforementioned KEMRI scientists and professors are bonafied members of the Universities Academic Staff Union, something that has been confirmed to KEMRI by UASU National Secretary-General Dr. Constantine Wasonga Opiyo.

The petitioner wants the court to make a determination that KEMRI together with the Public Service Commission (PSC), which is listed as the 2nd respondents in the petition errored in issuing the retirement notices, based on the existence of an active Collective Bargaining Agreement (CBA) that sets the retirement age of university lecturers and professors at 74 years.

“The UASU, the Inter-Public Universities Council Consultative Forum (IPUCCF) and the Federation of Kenya Employees (FKE) signed a Collective Bargaining Agreement (CBA) that sets the retirement age of University lecturers, Professors and other senior academic staff at seventy-four (74) years of age,” the petition reads in part.

Consequently, the petitioner also argues 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.

The retirement age of 74 years, the petitioner says, is in line with the government policy on retirement via the Executive Office of the President circular dated 16th June 2025 on Mandatory Retirement Age.

What does the law say?

In any case, the petitioner argues that neither KEMRI nor PSC has disputed the existence of the CBA that sets retirement age for UASU members at 74 years.Section 59 (3) of the Labour Relations Act states that “the terms of the collective agreement shall be incorporated into the contract of employment of every employee covered by the collective agreement.”

It is because of this clause of the law that the petitioner wants the court to find KEMRI and PSC wrongfully issued retirement notices to its staff under UASU.

Justice Wasilwa directed KEMRI and PSC to file their responses within 14 days, with the case coming up for mention and judgement on September 29, 2025.