High Court Upholds SRC’s Stipend Directive for Medical Interns.
The High Court has reaffirmed the authority of the Salaries and Remuneration Commission (SRC) regarding the stipend rates for healthcare interns. The court dismissed five petitions that aimed to challenge SRC’s decision, which some claimed was discriminatory and an overreach of its powers.
The consolidated petitions, submitted by healthcare interns and relevant professional bodies, argued that the SRC’s establishment of standard stipend rates was unconstitutional. They claimed this decision led to inequities between medical and non-medical healthcare interns and overlooked previously established payment structures. However, the court’s ruling underscores SRC’s responsibility to set remuneration rates for public service interns while considering budgetary constraints and fiscal sustainability.
The petitions followed an SRC directive issued on March 13, 2024. Petitioners contended that the SRC did not adequately consult stakeholders, ignored prior stipend levels, and created disparities among healthcare interns. They sought the court’s acknowledgment that all interns should be classified as ‘public officers’ under Article 260 of the Constitution of Kenya, 2010, ensuring equitable treatment across the public service. They claimed that the current stipend structure violated Article 27 of the Constitution by being discriminatory.
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In defense, the SRC argued that determining remuneration, including stipends for public officers, falls within its constitutional mandate. They clarified that internships are regarded as training periods rather than employment. Consequently, stipends are adjusted based on available funds. The SRC emphasized that managing intern stipends is essential for maintaining fiscal responsibility, particularly given the Ministry of Health’s financial constraints, which included an additional funding request of Ksh 9.6 billion to address budgetary needs.
Moreover, the SRC justified the differences in stipend levels among healthcare interns as being based on economic realities rather than discriminatory motives. The High Court found that the SRC acted within its constitutional authority, with its actions supported by the financial context and the distinctive nature of internship training programs.
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Discrimination, as defined by Article 27 of the Constitution, applies only when individuals in similar circumstances are treated differently without reasonable justification. The court concluded that SRC’s stipend directives, considering the financial environment, were lawful and not discriminatory.
This ruling solidifies SRC’s mandate to establish fair and fiscally sustainable stipend levels for healthcare interns, balancing the need for equity with budgetary limitations. As a result, the decision empowers the SRC to continue fostering prudent remuneration practices throughout Kenya’s public service.
In conclusion, the High Court’s decision in favor of the SRC on medical interns’ stipends reinforces the commission’s role in maintaining fair and sustainable pay structures while considering the financial realities faced by the government.
High Court Upholds SRC’s Stipend Directive for Medical Interns.
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