- Judgment means next round of recruitment will be open to all registered teachers below the age of 60
- Kenya National Union of Teachers and Kuppet did not join or support the case
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The Employment and Labour Relations Court has ordered the Teachers Service Commission to employ teachers above 45 years of age.
Justice Hellen Wasilwa ruled the age cap imposed by TSC was unconstitutional as it violated the right to non-discrimination. There is no logic why one should be denied fifteen years of service.
Code of Regulations for Teachers had imposed an age cap of 45 years, which Justice Wasilwa now said was unreasonable and discriminatory.
Lawyer Lempaa Suyianka sued TSC late last year when it advertised for positions of teachers in primary and secondary schools but limiting the recruitment to those below 45 years of age.
The judgment of the court means the next round of teacher recruitment will be open to all registered teachers below the age of 60.
The case Kenya National Union of Teachers and Kuppet did not join or support the case.
Lempaa had argued that because the retirement age in the public service is 60 years, the restriction at age 45 denies deserving Kenyans 15 years of serving the nation as teachers.
“The decision by TSC is therefore unreasonable and discriminatory since there is no justification either in law or fact, the matter has arisen within the jurisdiction of the court and unless this practice is stopped forthwith, many Kenyans will suffer,” he said.
In court documents Lempaa said TSC made it clear that it would not entertain any direct correspondence in the recruitment process except through its county directors as well as boards of managements.
He further argued that a person who joined university at age 40 and graduated four years later with a degree in education would be barred from securing employment with TSC if such a condition was allowed.
The disputed advert appeared in local dailies on January 29 and sought applications from qualified Kenyans aged below 45 years.
But Lempaa claimed that the age limit was unreasonable as it did not come with any explanation in an open and democratic society.
He also claimed that it was a violation of values and principles of the public service.
He wanted the court to declare the age limit rule arbitrary and unconstitutional as per the TSC Act as well as the Employment Act 2007.