Kenya: Court Upholds SRC's Decision to Cut Medical Interns Monthly Stipends

1 November 2024

Nairobi — The High Court of Kenya has upheld the Salaries and Remuneration Commission(SRC) Directive to adjust the monthly stipend of medical interns.

This comes after Healthcare interns and related professional bodies filed five petitions challenging the commission's directive to adjust the stipends from Ksh200,000 to Ksh70,000.

According to the interns, the current stipend arrangement was discriminatory under Article 27 of the Constitution.

The high court dismissed the five petitions seeking to overturn SRC's decision on grounds of discrimination and alleged overreach.

"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," it stated.

"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, with stipends adjusted according to available funds," it added.

SRC maintained that adjustments to intern stipends are key to ensuring fiscal responsibility amid limited government resources.

It further highlighted the Ministry of Health's financial constraints, including an additional funding request of Ksh 9.6 billion to meet budgetary needs.

The high court's decision is now a green light to the commission to proceed with its mission "to promote prudent remuneration practices across Kenya's public service"

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