Blow to medical interns as court backs SRC on Sh70,000 stipend
By Lucy Mumbi |
The court’s decision now enables SRC to continue setting fiscally responsible stipend levels for public service interns.
Medical interns will continue receiving a Sh70,000 stipend following a High Court ruling on Thursday that affirmed the decision of the Salaries and Remuneration Commission (SRC) to set the rate.
In its ruling, the court asserted that SRC holds the mandate to establish remuneration rates for interns in public service, citing budgetary limitations and the need for fiscal sustainability.
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The ruling dismissed five petitions filed by healthcare interns and professional bodies seeking to overturn SRC’s directive, which they argued discriminated between medical and non-medical interns and failed to consider prior stipend levels.
The petitioners contended that SRC’s directive created disparities and argued that SRC’s decision-making process lacked sufficient consultation with stakeholders.
They further sought to have all interns recognised as "public officers" under Article 260 of the Kenyan Constitution, which would entitle them to equitable treatment across the public service.
In its defence, SRC maintained that it had followed its constitutional authority in setting stipend rates for public service interns.
The commission underscored that internships are categorised as training periods rather than employment, with stipends aligned to available government funds.
SRC highlighted the Ministry of Health’s financial limitations, which necessitated an additional Sh9.6 billion to meet essential budgetary needs, as further justification for the standardised stipend.
The court, while ruling on the matter, affirmed SRC’s authority to set fair and sustainable remuneration for interns, noting that differences in stipend rates were grounded in economic realities, not discriminatory intent.
“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, noting that the SRC’s actions aligned with fiscal constraints and did not violate equality provisions.
In the stipend adjustments, the SRC proposed that a dental officer intern goes home with between Sh47,000 and Sh70,000, while a degree holder nursing officer intern earns from Sh35,000 to Sh50,000.
The Ministry of Health had decried that the demand by the Kenya Medical Practitioners, Pharmacists and Dentist Union (KMPDU) to post and pay the interns at Sh206,000 per month was untenable since the ministry lacked the resources to foot the bill.
The court’s decision now enables SRC to continue setting fiscally responsible stipend levels for public service interns, balancing fairness with economic viability.
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