NAIROBI, Kenya – In a closely watched decision, Kenya’s High Court has upheld the Salaries and Remuneration Commission’s (SRC) directive to reduce monthly stipends for medical interns from Ksh200,000 to Ksh70,000.
The court’s ruling supports SRC’s mandate to align public service remuneration with fiscal sustainability, despite criticism from the healthcare sector.
The directive, issued by SRC in March 2024, faced backlash from healthcare interns, who argued that the significant pay reduction was discriminatory under Article 27 of Kenya’s Constitution.
In five separate petitions, interns claimed the reduction not only ignored previous stipend levels but also lacked adequate stakeholder consultation.
Additionally, they argued the move created disparities among healthcare trainees in the public sector.
However, the court found SRC’s mandate constitutional and dismissed the petitions, noting that SRC’s decision considered government financial constraints and the classification of internships as training periods rather than employment.
SRC defended the directive, emphasizing that its authority includes setting stipends for public officers, and that intern stipends are governed by available public funds, not employment contracts.
SRC maintained that responsible budgeting and a sustainable public wage bill are essential to Kenya’s economic stability.
“Internships are training periods, not employment,” SRC stated, underscoring that its role is to manage remuneration with the available budget.
With this decision, SRC has the green light to proceed with prudent remuneration reforms. The Ministry of Health’s financial demands, including a recent Ksh9.6 billion funding request, highlight Kenya’s budget constraints.
SRC reiterated that adjusting intern stipends aligns with its mission to promote fair and sustainable remuneration in public service amid these challenges.
As the High Court concluded, SRC’s directive represents a balancing act between rewarding work and managing limited public funds effectively.
