High Court confirms SRC authority in setting healthcare intern stipends

The High Court has upheld the Salaries and Remuneration Commission (SRC) directive setting standard stipend rates for healthcare interns, dismissing five petitions that sought to overturn the decision on grounds of discrimination and alleged overreach.

The consolidated petitions, filed by healthcare interns and professional bodies, claimed that SRC’s stipend rates were unconstitutional, arguing they created disparities between medical and non-medical healthcare interns and disregarded established remuneration structures.

Petitioners also alleged that SRC’s directive, issued on 13 March 2024, lacked adequate stakeholder consultation and contradicted prior stipend levels, amounting to discriminatory treatment under Article 27 of the Constitution of Kenya.

In their appeal, the petitioners sought court recognition of interns as “public officers” under Article 260 of the Constitution, which would entitle them to equal treatment across public service.

They argued that the SRC directive treated interns unequally without justification.

In defence, SRC asserted its constitutional mandate to set public service remuneration, including intern stipends, based on budgetary and fiscal constraints.

The commission maintained that internships are classified as training periods rather than employment, with stipends determined by available government resources.

SRC also highlighted fiscal constraints facing the Ministry of Health, including an additional funding request of Ksh 9.6 billion to meet budgetary needs, as a critical factor in its stipend adjustments.

SRC further argued that the stipend levels, though varied, are based on economic realities and are justifiable within Kenya’s public finance context, rather than discriminatory intent.

The High Court found that SRC acted within its constitutional authority, emphasizing that the directive aligns with budgetary realities and the unique nature of internship training programs.

It affirmed that discrimination, as defined under Article 27, applies only when individuals in similar circumstances face unjustified differential treatment, which did not apply in this case given the fiscal justification.

The ruling supports SRC’s mandate to establish fiscally sustainable stipends for healthcare interns, balancing equitable compensation with budgetary constraints.

This decision reinforces SRC’s role in promoting prudent remuneration practices across Kenya’s public service, allowing the commission to proceed with its directive for stipend management amidst budgetary limitations.