The High Court on Thursday directed the government and the representatives of the health workers to commence another round of negotiations and decide whether to pay intern doctors Ksh200,000 stipend.
In its ruling, the High Court granted the parties involved in the petition ninety days to come up with a long-lasting solution. According to the court, the discussions must be done in line with the Collective Bargain Agreement (CBA) reached between the government and the health workers.
"It is a matter of public knowledge that the interns have already been posted under an agreement between the Ministry of Health and the Kenya Medical Practitioner, Dentists and Pharmacists Union (KMPDU)," the court noted.
"Although the agreement was not produced in court, the court takes judicial notice of the same. The said arrangements shall stay in place until the parties conclude the negotiations or agree," the court ruling further read.
The consolidated petitions, filed following SRC’s directive of March 13, 2024, alleged that SRC had failed to consult stakeholders adequately, ignored prior stipend levels, and created disparities among healthcare interns.
The petitioners also argued that SRC’s decision to set standard stipend rates was unconstitutional, claiming it created disparities between medical and non-medical healthcare interns.
Petitioners sought the court’s recognition of all interns as public officers under Article 260 of the Constitution of Kenya, 2010, which would entitle them to equitable treatment across the public service.
They further argued that the current stipend arrangement established by the commission which is in charge of salaries contravened Article 27 of the Constitution which states that every person is equal before the law and has the right to equal benefit from the law.
In defence, SRC noted that setting remuneration, including stipends for public officers, fell within its constitutional mandate and that internship was classified as training periods, rather than employment, with stipends adjusted according to available funds.
SRC maintained that adjustments to intern stipends were key to ensuring fiscal responsibility amid limited government resources, highlighting the Ministry of Health’s financial constraints, including an additional funding request of Ksh9.6 billion to meet budgetary needs.
Further, the commission argued that differences in stipend levels among healthcare interns were justifiable and based on economic realities, rather than discriminatory intent.
