Blow to medical interns as High Court maintains salaries at Ksh70,000
The High Court on Thursday upheld the Salaries and Remuneration Commission's (SRC) decision to set the rate of stipend for medical interns at Ksh70,000 up from Ksh 200,000
The High Court on Thursday upheld the Salaries and Remuneration Commission’s (SRC) decision to set the rate of stipend for medical interns at Ksh70,000 up from Ksh 200,000.
The court, in its ruling, stated that the SRC had the authority to determine remuneration rates for public service interns due to budgetary constraints and fiscal sustainability.
The High Court found that the Commission acted within its constitutional authority and that its actions were justified by budgetary realities and the unique nature of internship training programmes.
“Discrimination, as defined under Article 27 of the Constitution, applies only when individuals in comparable circumstances are treated differently without reasonable justification,” the court ruled.
In its judgement, the judge noted that it was the mandate of the commission to determine fair and fiscally sustainable stipend levels for healthcare interns, balancing equity with budgetary constraints.
The consolidated petitions, filed following SRC’s directive of March 13, 2024, alleged that SRC had failed to consult stakeholders adequately, ignored prior stipend levels, and created disparities among healthcare interns.
The petitioners also argued that SRC’s decision to set standard stipend rates was unconstitutional, claiming it created disparities between medical and non-medical healthcare interns.
Petitioners sought the court’s recognition of all interns as public officers under Article 260 of the Constitution of Kenya, 2010, which would entitle them to equitable treatment across the public service.
They further argued that the current stipend arrangement established by the commission which is in charge of salaries contravened Article 27 of the Constitution which states that every person is equal before the law and has the right to equal benefit from the law.
Western diplomats raise concern over rising cases of abduction in Kenya
IMF issues advisory to Ruto government on raising revenue through taxation
IMF approves Ksh78 billion loan for Kenya
President Ruto flies out to Burundi
Government announces removal of upfront payment requirements on SHA
In defence, SRC noted that setting remuneration, including stipends for public officers, fell within its constitutional mandate and that internship was classified as training periods, rather than employment, with stipends adjusted according to available funds.
SRC maintained that adjustments to intern stipends were key to ensuring fiscal responsibility amid limited government resources, highlighting the Ministry of Health’s financial constraints, including an additional funding request of Ksh9.6 billion to meet budgetary needs.
Further, the commission argued that differences in stipend levels among healthcare interns were justifiable and based on economic realities, rather than discriminatory intent.
Also read,
High Court dismisses orders paving way for the swearing-in of Kindiki as Deputy President
Rigathi Gachagua suffers blow in the Court of Appeal
EACC arrests four public officers allegedly working with fake academic certificates
Government assures NHIF workers of jobs after migration to SHA
CS Duale reveals planned coup against Ruto
We are not involved in abductions; DCI
Follow us
