MPs Approves Bill Capping Retirement Age to 60 and 65

A House committee has approved a bill that seeks to cap the retirement age of public servants at 60 years and 65 years for persons with disabilities despite opposition from various stakeholders.

 In a report tabled in the National Assembly, the Committee on Labour chaired by Runyenjes MP Eric Muchangi noted that limitation of age does not amount to discrimination as it is justified under employment law and practices as this will allow for continuity in the sector and absorption of young professionals.

The move, the committee noted, would also align the Public Service Commission Act with the National Social Security Fund Act with regards to provision of pensionable age as defined in Section 2 of the Act that pensionable age means the age of 60 years.

 The Public Service Commission (Amendment) bill sponsored by Embakasi Central MP Benjamin Mwangi (pictured) seeks to amend the Public Service Commission Act 2017, to prescribe the mandatory requirement age of 60 years to increase job vacancies available to Kenyans below the age of 60 as well as address the issue of an officer acting for more than six months. “The amendment to Section 80, be amended to provide for the age of retirement as 60 years, and 65 years  for persons with disability,” reads the report.

The committee, however, allowed the PSC in consultation with relevant agencies or institutions to retain an officer after attainment of the retirement on grounds that they possess rare knowledge skills and competencies. The commission should determine and document the rare knowledge, skills and competencies, the committee.

On the period that an officer may work in an acting capacity, the committee opposed the proposal of six months and instead capped it at 12 months after which the said position should be declared vacant adding that the said officer should not be entitled to any acting allowance following the lapse of the said period.

 According to the committee, limiting to six months would result in unfair labour practices contrary to article 27 and 41 (1) of the constitution on the freedom from discrimination and right to fair labour practices as well as Section 5 of the Employment Act that required an employer to pay their employee equal remuneration for work of equal value.