KEMRI staff take fight for equal allowances to Court of Appeal

A group of 132 employees at the Kenya Medical Research Institute (KEMRI) has taken their dispute over unequal pay to the Court of Appeal, after a Labour Court ruling rejected their claims of discrimination.

The staff, including research scientists, argues that they are unfairly excluded from several high-value allowances that are only awarded to medical doctors, despite performing similar hazardous duties.

The allowances in question total Sh201,000 per month and include emergency, health risk, extraneous, non-practising, and health services allowances.

The employees say that of the institute’s 931 staff, only 268 benefit from these payments, leaving the majority without compensation that reflects the risk and responsibility of their work.

Previously, the Labour Court dismissed the case in October 2023, with Justice Ocharo Kebira ruling that the issue had already been settled in a different dispute.

The researchers had sought a declaration that denying them these allowances was discriminatory and an order directing KEMRI and its director to extend the benefits to them.

Dissatisfied with that outcome, the staff sought to escalate the matter to the Court of Appeal. Their application to file the appeal late was accepted after the appellate court found that delays were caused by the Labour Court’s slow provision of certified proceedings.

"I am therefore persuaded that there was no inordinate delay and the respondents did not suffer any prejudice in the circumstances. Consequently, the application for extension of time to file a record of appeal - dated November 28, 2024, is found to be merited," ruled Judge Pauline Nyamweya.

KEMRI opposed the appeal, arguing that allowing it would undermine the finality of litigation and demonstrate a lack of diligence on the part of the applicants.

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