The long standing age limit for one to be absorbed by the Teachers Service Commission has been nulified by the Employment and Labour Relations Court.
It was always a requirement for one to be below the age of 45 to apply for a teaching job in Kenya but from the ruling that requirement has been overturned. In her ruling Justice Hellen Wasilwa sited that it was illogical to set regulations limiting the entry of teachers at 45 years considering the high rate of unemployment in the country.
Many trained teachers who trained long ago are yet to be employed and as the employment age limit catches up with them, they are left helpless. It is in this veiw that it is perceived as punishing teachers for sins they never committed.
“The decision is unreasonable and discriminatory since it is not justified in law” Sited Justice Hellen Wasilwa.
A former teacher by the name Lempaa Soyinka who is now a practising lawyer had filed this case after finding it unreasonable and unconstitutional to bar teachers from joining the service on the basis of the age. The retirement age is set at 60yrs and the gap of 15years is a reasonable period for one to serve.
TSC argued that the law was informed by the employment code of the Commission.