
UASU Warns UoN Against New Retirement Policy
Summary
- The Public Service Commission's retirement policy, recently upheld by the Employment and Labour Relations Court, could result in up to 70% of UoN's academic staff losing their jobs.
- UASU has warned that the policy could cripple public universities, threatening teaching, research, and innovation.
- Kenya continues to suffer a shortage of professors and specialists in key disciplines, with professional bodies calling for more lecturers to be recruited.
A Potential Staffing Crisis Looms
The union had also highlighted conflicting rulings by the Employment and Labour Relations Courts in Nairobi and Eldoret over the retirement-age provisions, which had created legal uncertainty for universities, though the Employment and Labour Relations Court has since upheld the Public Service Commission's directive.
The University of Nairobi (UoN) could lose up to 70% of its academic staff following the Public Service Commission's retirement policy, which has recently been upheld by the Employment and Labour Relations Court. This alarming figure is a stark reminder of the potential consequences of the policy, which has been met with resistance from the Universities Academic Staff Union (UASU). The union has warned that the policy could cripple public universities, threatening teaching, research, and innovation. The UoN Chapter Secretary-General Prof. George Osanjo has expressed concerns over the policy's impact on staffing levels, highlighting the need for a tailored approach to retirement policies for universities.
A History of Controversy
The Public Service Commission's retirement policy has been a point of contention in a long-standing dispute between the Universities Academic Staff Union (UASU) and the commission over the retirement age for professors. While the issue was previously complicated by conflicting rulings from the Employment and Labour Relations Courts in Nairobi and Eldoret, creating legal uncertainty, the Employment and Labour Relations Court recently upheld the PSC's directive, providing legal certainty for universities. The Public Service Commission's decision to overturn an earlier agreement reached with university councils and the union without consulting academic staff or universities themselves had raised concerns about the commission's approach to policy-making.
A Broader Context
Kenya continues to grapple with a shortage of professors and specialists in key disciplines. Professional bodies have repeatedly called for more lecturers to be recruited, but the Public Service Commission's retirement policy could undermine these efforts. The union has argued that retiring experienced academics at this critical juncture would not only exacerbate the shortage but also compromise the government's plans to expand access to university education. As universities prepare to receive the first cohort of Competency-Based Education and Training (CBET) Senior School graduates, it is essential to develop retirement policies that balance the needs of both experienced academics and younger recruits.
Practical Implications
Lawyers advising universities should watch for the potential impact on staffing levels and note that the Public Service Commission's policy may be challenged in court, potentially creating a precedent for future disputes.
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