The Lower Eastern Times Opening The Third Eye
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The High Court upheld the Salaries and Remuneration Commission (SRC) directive regarding stipend rates for healthcare interns, dismissing five petitions that challenged SRC’s decision on the grounds of discrimination and alleged overreach.
The combined petitions, brought by healthcare interns and professional organizations, claimed that SRC’s establishment of standard stipend rates was unconstitutional, as it created disparities between medical and non-medical interns and overlooked existing remuneration frameworks.
The court’s ruling reaffirmed SRC’s authority to set compensation rates for public service interns, considering budget constraints and fiscal sustainability.
The petitions followed SRC’s directive issued on March 13, 2024, which alleged inadequate stakeholder consultation, a disregard for previous stipend levels, and unequal treatment among interns.
Petitioners sought court recognition of all interns as ‘public officers’ under Article 260 of the Kenyan Constitution, arguing this status would ensure equitable treatment within the public service.
They contended that the current stipend system violated Article 27 of the Constitution due to its discriminatory nature.
In defense, SRC asserted that determining remuneration, including stipends for public officers, is a constitutional responsibility. It emphasized that internships are training experiences, not employment, and stipends are adjusted based on available resources.
SRC highlighted that stipend adjustments are essential for maintaining fiscal responsibility given limited government resources, citing the Ministry of Health’s financial challenges, including a request for an additional Ksh 9.6 billion.
Furthermore, SRC justified the differences in stipend levels among healthcare interns as rooted in economic realities, not discriminatory intent.
The High Court concluded that SRC acted within its constitutional authority, with its actions justified by financial considerations and the nature of internship training programs.
Discrimination, as defined by Article 27, only applies when individuals in similar circumstances are treated differently without valid justification.
The court ruled that SRC’s stipend directives were lawful and not discriminatory, confirming SRC’s role in establishing fair and fiscally sustainable stipend levels for healthcare interns, while balancing equity with budgetary limitations.
This decision allows SRC to continue promoting responsible remuneration practices throughout Kenya’s public service.
