Kenya parliament

Teachers serving under government payroll will now have to prepare as a bill set to change their mandatory retirement age has been introduced in Parliament.

Current government is determined to ensure the aged public servants leave service to pave way for the youth. According to them this is the way to further provide employment for the youths.

Parliamentary debate on reducing the mandatory retirement age from 60 to 55 years starts immediately. Those who are approaching 55 years will be trained on life after retirement before being exited from the payroll at the age 55. Report says that those with 55 years and above were already trained, however this new changes will be communicated to them before being retired.

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This bill had been hinted before, on 3rd  August 2023, National assembly’s labor committee, while considering the public service commission amendment bill, 2023. Had hinted on introducing an act to the proposed legislation on retirement age.

This bill is said to be sponsored by Embakasi central MP Benjamin Gathiru. The bill also seeks to amend the current act by stating that no public servant should be in any acting capacity beyond six months. 

According to Kang’undo MP Fabian Muli, if the committee is to serve the interest of the youth. Then it should propose further amendments to the bill to reduce the retirement age.

“We need to think further and reduce the age to 55 to make the youths of this country proud”, Muli highlated.

Lunga lunga MP Mungale Munga, drummed his support for the reduction of retirement age by saying that there is a need to cater for the growth of the young people.

“Why 60 years? It should be made 55 years so as to make space for the younger people. That is a proposal, it might be popular or unpopular but that is what I think,” Munga said.

This comes after recently Popular comedian Erick Omondi mobilized unemployed youths within Nairobi and it’s environs and a total of 3500 graduates turned up.

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If the proposal was sail through, it will mean that the majority of civil servants expected to retire in the five years will go home earlier. This move might prove to probe more implications for the government as it already is struggling with with finances due to heavy pension bill.

The mandatory retirement age was in 2009 raised from 55 to 60 years as the government had struggled with growing pension bill.

According to financial report, the National Treasury paid out Sh69.22 billion in pension and gratuity in the 6 months to December. 2016 audit further sighted that 35% of the employees in national government were aged between 51 and 60 years.

As per the public service commission(PSC) annual report for financial year 2021/2022, a total of 3,958 officers exited service in 47 Organizations, departments and agencies. 

The public commission amendment bill, 2023 reiterates that a person may be appointed in acting capacity for a period of at least 30 days but past 6 months. According to the proposed legislation, a person will be appointed to hold a public office in acting capacity after meeting all qualifications for that particular officer. 

If one is appointed in acting capacity and does not meet the right qualifications, the appointment should be revoked.

“An acting appointment shall be in favour of a public officer who is duly qualified and competent to perform the  duty and not undermine the expeditious appointments or deployment of a competent person to the public office concerned,”  reads the bill.

In February 2023, the then Cabinet secretary public service commission, Aisha Jumwa has ordered immediate stoppage of extension of service for retired officers.

This has came when Teachers service commission (TSC) was on a tendency of extending service for retired head teachers and principals. 

According to section 80(1) (a) and (b) of the public service commission act 2017. Provides that a public servant shall retire from the service with effect from the date of attaining the mandatory retirement age. The commission or any other appointing authority shall not extend service of such retired public officers beyond the mandatory age of 60 years and 65 years for person’s with disability,”  Aisha Jumwa had said on date 16 of February 2023.

She had further ordered the then existing extensions be revoked with immediate effect.

“The purpose of this letter is to request that all extensions review cases be suspended and any existing cases be revoked to enable proper legislations and succession management guidelines be implemented across the public service,” she has said.

With the current bill set to role on motion, let us cast our dice and wait for the dime to chime. Which way teachers?

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