The Employment and Labour Relations Court has suspended a circular issued by Head of Public Service Joseph Kinyua that had scrapped age and term limits for State corporations chief executive officers.
Justice Onesmus Mutua yesterday prohibited Kinyua and Public Service Commission from implementing the circular, pending the hearing of a petition filed by activist Okiya Omtatah.
The activist moved to court last Friday challenging the said circular saying Kinyua was not a regulation-making authority and does not have the capacity to direct operations of the public service.
The circular, issued on February 27, exempted CEOs of parastatals from the mandatory retirement age of 60, and also changed the maximum tenure they can serve from six to 10 years.
“The impugned circular invokes no law. The rule of law applies equally to all persons. Hence, the government is bound to apply its statutory instruments, including circulars on retirement age, equally and without discrimination to all employees across the public service,”Omtatah said in court documents.