In a significant ruling, the High Court of Kenya has affirmed the Salaries and Remuneration Commission’s (SRC) directive to cut the monthly stipend for medical interns from Sh200,000 to Sh70,000, rejecting petitions from healthcare interns and professional associations that claimed the revised compensation was unjust and discriminatory.

The court’s decision comes after five petitions filed by healthcare interns and allied professional bodies, who argued that the reduced stipend violated Article 27 of the Constitution, citing concerns over inequality.

They accused the SRC of bypassing consultations with relevant stakeholders, disregarding prior remuneration levels, and creating disparities in the treatment of healthcare interns.

As the High Court dismissed the petitions, it echoed the SRC’s stance that the remuneration commission acted within its constitutional authority.

“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,” the court document stated, while the ruling reinforced SRC's claim that the directive aligns with its constitutionally mandated role.

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SRC defended the reduced stipends, clarifying that its mandate includes setting remuneration for public officers, including stipends, and noting that internships are intended as training periods rather than formal employment.

“Internships are classified as training periods, rather than employment, with stipends adjusted according to available funds,” SRC highlighted, underscoring that the adjustments were also essential in maintaining fiscal responsibility within the constraints of public funds.

The SRC argued that balancing remuneration across public roles, including internships, is crucial to preventing the overextension of limited resources.

Further supporting the need for fiscal caution, SRC noted the Ministry of Health’s budgetary challenges, including an additional funding request of Sh9.6 billion to meet its financial obligations.

The commission maintained that resource management for the public sector is essential amid rising demand and limited budget allocations, adding that stipend reductions were implemented in alignment with these objectives.

With the High Court’s endorsement, SRC now moves forward unimpeded in its mandate to promote prudent remuneration practices across Kenya’s public service, reinforcing its commitment to a balanced, sustainable approach in public sector compensation practices.