Medical interns in Kenya will now be entitled to a KSh 70,000 stipend per month, down from KSh 200,000.

The High Court upheld the Salaries and Remuneration Commission (SRC) directive on the rate of stipend.

The court dismissed five petitions that sought to overturn SRC’s decision on grounds of discrimination and alleged overreach.

The consolidated petitions, filed by healthcare interns and related professional bodies, argued that SRC’s decision to set standard stipend rates was unconstitutional.

What petitioners said about SRC’s directives

The petitioners claimed SRC created disparities between medical and non-medical healthcare interns and disregarded previously established remuneration structures.

The High Court judge reaffirmed SRC’s authority to determine remuneration rates for public service interns based on budgetary constraints and fiscal sustainability.

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The petitions, filed following SRC’s directive of 13 March 2024, alleged that SRC had failed to consult stakeholders adequately, ignored prior stipend levels, and created disparities among 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 argued that the current stipend arrangement was discriminatory under Article 27 of the Constitution.

What SRC said about medical internship remuneration

SRC defended its decision, stating that setting remuneration, including stipends for public officers, falls squarely within its constitutional mandate. Internships are classified as training periods rather than employment, and stipends are adjusted according to available funds.

SRC maintained that adjustments to intern stipends are key to ensuring fiscal responsibility amid limited government resources. It highlighted the Ministry of Health’s own financial constraints, including an additional funding request of Ksh 9.6 billion to meet budgetary needs.

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Further, SRC argued that differences in stipend levels among healthcare interns are justifiable and based on economic realities rather than discriminatory intent.

The High Court found that SRC acted within its constitutional authority and was justified by budgetary realities and the unique nature of internship training programmes.

Discrimination, as defined under Article 27 of the Constitution, occurs when individuals in comparable circumstances are treated differently without reasonable justification. Given the financial context, the court ruled that SRC’s stipend directives were lawful and not discriminatory.

Source: TUKO.co.ke