The High Court has declared a section of the National Employment Authority Act requiring those seeking appointment as Director General to be 35 years and above unconstitutional.
High Court Judge Lawrence Mugambi said the provision under the National Employment Authority Act violates Article 27 of the constitution which prohibits discrimination of persons based on age.
He said the section is also not consistent with one of their objectives which is to "facilitate and promote equity and diversity, and eliminate discrimination in the employment of Kenyans".
"It is, therefore, a paradox that the same Act goes ahead to make a daring move of dividing Kenyans in the working age population along the line of age by isolating a certain age category for grant of an employment opportunity while excluding the other from that opportunity in flagrant violation of an express Constitutional provision," he said.
In affirming that discrimination on grounds of age is explicitly forbidden by the Constitution, Mugambi issued a declaration stating;
"A declaration be and is hereby issued that Section 17 (2) (d) of the National Employment Authority Act No. 3 of 2016 contravenes Article 27 (4) of the Constitution of Kenya and is thus unconstitutional, null and void."
The case had been filed in court by Advocate Apollo Mboya.
In his petition, he sued the Attorney General and listed the National Employment Authority as an interested party.
He challenged the constitutionality of Section 17(2) (d) of the National Employment Authority Act No.3 of 2016.
This provision provides that for a person to be qualified for appointment as a Director General, they must not be above the age of 35 years.
