The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) has issued a statement clarifying a ruling made by the High court on salary stipends of medical interns.
A ruling made by Lady Justice Maureen Onyango upheld the Salaries and Remuneration Commission (SRC) directive on the stipend rate for medical interns set at Ksh 70,000.
The judge also ruled that there is a conflict between the advice of the SRC to the Ministry of Health and the CBA KMPDU signed with the Ministry of Health where they demanded Ksh206,000 per month based on Job Group L.
“In view of the foregoing and noting that the CBA has been reviewed and agreement reached on all issues except the remuneration of interns, the parties are directed to commence negotiation of the said clause of the CBA in the manner provided in Article 1 of the CBA within the next 90 days,” Lady Justice Maureen Onyango ruled.
“It is a matter of public knowledge that the interns have already been posted pursuant to an agreement between the Ministry of Health and the Kenya Medical Practitioner, Dentists and Pharmacists Union. Although the agreement was not produced in court, the court takes judicial notice of the same.”
KMPDU Clarifies Ruling on Interns Demand for Ksh206 K Salary
The court ruled that the said arrangements will stay in place until the parties conclude the negotiations or come to an agreement.
Also Read: Blow to Medical Interns as High Court Rules on Ksh70 K Salary
SRC issued a statement on October 31, providing a summary of the ruling which indicated that the Court upheld its advisory recommending Ksh70,000 stipend per month.
However, in its response, KMPDU in a statement on Friday, November 1, stated that the court gave KMPDU and MoH 90 days to negotiate on October 17 and not October 31.
“Fake news alert. On 17th October—not 31st October [yesterday]—the court gave KMPDU and MoH 90 days to renegotiate,” read the statement in party.
“The ruling upheld the CBA on doctor interns’ salaries and rejected an SRC advisory that contradicted it.”
This means that if the ruling on KMPDU’s negotiations with the government was made on October 17, 2024, the 90-day deadline would fall on January 15, 2025.
At the same time, if the ruling was made on October 31, 2024, the 90-day deadline would fall on January 29, 2025.
Also Read: Hundreds of Graduates Stranded as Govt Agency Cancels Internship
Court Ruling on Petitions
As per SRC, the ruling dismissed five petitions that sought to overturn SRC’s decision on grounds of discrimination and alleged overreach.
Additionally, the Court found that SRC acted within its constitutional authority and that its actions were justified by budgetary realities and the unique nature of internship training programmes.
“With regard to petition No. 3 of 2024 the Petitioners sought orders declaring the Respondents advise of 13th March 2024 REF: SRC/TS/19(111) setting the remuneration for healthcare professional interns at a maximum of Kshs. 70,000 to be contrary to Articles 27, 41(5), 230(4)(b) and (5)(d) as read with sections 12, 13(c) and (d), and 15 of the SRC Act and sections 4, 5, 6, 8, 9, 10, 12 and 17 of the SRC (Remuneration and Benefits of State and Public Officers) Regulations, 2013 and Article 4 of the Right to Organize and Collective Bargaining Convention, 1949 and the quashing of the letter and subsequent letters of employment issued by the 2nd and 3rd Interested Parties for being discriminatory.”
“As I have found above, the letter dated 13th March 2024 from SRC was an advisory to the Ministry of Health and did not violate any of the provisions cited by the Petitioners,” read part of the ruling.
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