The High Court has upheld the directive from the Salaries and Remuneration Commission (SRC) regarding the stipend rates for healthcare interns, rejecting five petitions that challenged the SRC’s authority, claiming discrimination and overreach.
The petitions, brought forth by healthcare interns and related organizations, argued that the SRC’s establishment of standardized stipend rates was unconstitutional, as it created inequalities between medical and non-medical interns and ignored previously set remuneration guidelines.
The court’s ruling reinforced SRC’s power to set stipend rates for public service interns, emphasizing that these decisions must consider budgetary limitations and fiscal sustainability.
The petitions stemmed from a directive issued by the SRC on March 13, 2024.
Petitioners claimed that the SRC failed to adequately consult stakeholders, overlooked past stipend levels, and perpetuated inequalities among interns in the healthcare sector.
The petitioners sought court acknowledgment of all interns as “public officers” under Article 260 of the Constitution of Kenya, 2010, which would ensure they receive equal treatment within the public sector.
They argued that the current stipend system was discriminatory under Article 27 of the Constitution.
In defense, the SRC maintained that establishing remuneration, including stipends for public service roles, is well within its constitutional authority.
It classified internships as training opportunities rather than employment, with stipends adjusted based on available funding.
SRC emphasized that modifying intern stipends is essential for maintaining fiscal responsibility, especially given the Ministry of Health’s financial challenges, including a Sh9.6 billion funding request to meet budgetary demands.
The SRC contended that variations in stipend levels among healthcare interns were justified by economic factors rather than discriminatory motives.
The court concluded that the SRC acted within its constitutional rights and that its decisions were warranted by financial realities and the distinctive nature of internship programs.
Discrimination, as defined in Article 27 of the Constitution, applies only when individuals in similar situations are treated differently without reasonable justification.
Ultimately, the court ruled that the SRC’s stipend directives were lawful and not discriminatory, reaffirming its mandate to set fair and fiscally responsible stipend rates for healthcare interns while balancing equity and budgetary constraints.
This ruling supports the SRC’s ongoing efforts to ensure responsible remuneration practices within Kenya’s public service.
Kenya Railways Reports One-Hour Train Delay Following Fire Incident In Mtito Andei
