Qualified teachers who are registered by TSC and are above 45 years of age can now smile according to the statement which has been released by the labour court today.
The Employment and Labour Relations Court termed a circular by the Teachers Service Commission (TSC) limiting the age of employment to those below 45 years as discriminatory, unreasonable and unconstitutional.
Justice Hellen Wasilwa said it was not in order to set regulations limiting the entry of teachers at 45 years bearing in mind the high unemployment rate in the country.
“The respondent (TSC) has not explained why they capped this age limit at 45 and not say 40 years. In this court’s view, the lower capping of age at 18 years would be reasonable because it is the age of majority in Kenya,” ruled Justice Wasilwa.
The case was filed by Lempaa Soyinka, a former teacher who is now a practicing lawyer.
Mr Lempaa’s dispute with his former employer was that the retirement age in the public service has been set at 60 years. As such, restricting the entry age to below 45 years was denying deserving Kenyans the opportunity to serve as teachers for the remaining active 15 years
The layer said that this was not justified by the law and hence termed it discriminatory and unconstitutional.
TSC began a countrywide recruitment exercise on January 29, 2019, after it advertised for positions seeking qualified Kenyans of 45 years of age and below.
In court, Lempaa bewailed that the restriction had locked him out as he was older than the set age limit. He argued that despite the age, he had qualifications enumerated in the advertisement by TSC.
According to TSC, the advertisement was directed by regulation 57 of its Code of Regulations for Teachers which requires recruitment of persons who are below 45 years of age.
“The age restriction was brought to board to maintain efficiency, confine succession planning and persons who are active enough to engage the expectation of learners in public schools,” the commission replied.
“Consequently, the age limit having been set in law and the respondent having been guided by the law in setting the same, the act was reasonable, justifiable and within the law,” TSC added.
It is now something that qualified teachers can smile for as they can now secure employment with the Teachers Service Commission.