A Nairobi resident has moved to court to challenge the set the mandatory retirement age of 60 years and 65 years for person with disability.
Charles Chege Chege wants the court to declare that the said mandatory retirement age in both private and public sector is unlawful and discriminatory.
According to him, the right to work should not be understood narrowly mean limitations by retirement age but should be interpreted purposely to give the greatest positive effect to it.
He claims the Federation of Kenya Employers has heavily borrowed from the public sector and has continuously forced their employees to retire at 60 years and 65 years for persons with disability without any legal backing.
“That accordingly, this is a pure discrimination based on age and thus it goes against article 27(4), article 28 on human dignity, article 41(1) based on right to fair labor practices, article 57(a) to fully participate in the affairs of society,reads court papers