The High Court has upheld the Salaries and Remuneration Commission (SRC) directive that set the maximum stipend for medical interns at Sh70,000.
The ruling, delivered on Thursday, October 31, dismissed five petitions challenging SRC’s decision as discriminatory and constitutionally unsound.
In their petition, healthcare interns and professional bodies argued that SRC’s directive created unjust disparities between medical and non-medical healthcare interns, suggesting it failed to recognise previously agreed-upon pay structures.
They claimed the reduction from Sh200,000 to Sh70,000 amounted to discrimination and alleged SRC had overstepped its mandate.
However, Lady Justice Maurine Onyango ruled that SRC acted within its constitutional mandate.
She stated that the commission’s decision was guided by fiscal realities and the unique requirements of internship programmes.
"Discrimination, as defined under Article 27 of the Constitution, applies only when individuals in comparable circumstances are treated differently without reasonable justification," she noted.
SRC’s mandate affirmed
The court found SRC’s advisory role valid under Kenyan law, acknowledging that SRC is tasked with setting public service remuneration based on fiscal sustainability.
The judge reiterated that the March 13 directive was issued as an advisory to the Ministry of Health and did not violate any of the provisions cited by the Petitioners.
This ruling reinforced SRC’s authority to adjust intern stipends based on government budget considerations.
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Budget constraints prompt pay review
SRC, backed by the Treasury, highlighted the budget limitations that necessitated the pay adjustment.
According to SRC, it was necessary because the funds available were not sufficient to pay the new cohort at the same rate as the previous cohort.
The new stipend structure sets medical interns’ pay at Sh47,000 to Sh70,000, while nursing officer interns and clinical officer interns (degree level) receive between Sh35,000 and Sh50,000, with diploma-level clinical officer interns earning Sh27,000 to Sh35,000.
A 90-day window for negotiation
With the ruling now final, both SRC and healthcare representatives have a 90-day period to discuss specific terms of the Collective Bargaining Agreement regarding intern pay.
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This follows the court’s directive to negotiate aspects of intern remuneration that could bridge differences and set a stable framework for future interns.