Following a case, brought by petitioner Mary Wanjiru Ndwiga, a clinical officer, on behalf of the clinical officer interns (diploma level), the Employment and Labour Relations Court in Nairobi has ordered the government to pay Sh457 million. This will benefit the clinical officer interns who have worked for a year without pay.
The intern’s unpaid salaries and allowances were allegedly guaranteed under Kenya’s Revised Scheme of Service for Clinical Officers, 2010.
Court’s Decision
In its verdict, the court directed the government to pay each of the 914 interns with overdue salaries, allowances, and damages for the infringement of their rights.
“In the upshot judgment is hereby entered for the petitioners against the respondents jointly and severally, in the following terms; General damages, Sh500,0000 for each of the 914 Petitioners, for the violated rights.
The interns were deployed to public hospitals across Kenya in early 2015 for mandatory one-year internships required by the Clinical Officers Act. According to their representatives, they received neither salaries nor allowances during that period. This led to a series of petitions and a strike, which the interns ultimately suspended in the hope of an immediate court resolution.
The Clinical Officers’ Concerns
In their petition, Ms Mary Ndwiga said the government’s actions denied them constitutional rights, which include the right to fair remuneration, protection from discrimination, and fair administrative action.
Other categories of interns such as those at the degree level were receiving payments, rendering the ministry’s actions discriminatory and unlawful.
In response, the Ministry of Health (MOH) and the Attorney General (AG), argued that they had no legal employment relationship with the CO interns, asserting that the placements were for educational purposes only and not employment.
Ministry of Health Submissions
The MOH submitted that their budget allocations did not cover diploma-level clinical officer interns during the relevant fiscal periods and that authorization to pay stipends for such interns only commenced in 2019.
The ministry further added that health services had been devolved to county governments since 2013, and therefore issues on CO interns should be addressed by their respective counties.
Final Verdict From Justice Kebira
The government’s arguments were dismissed by Judge Kebira, noting that the ministry assigned specific duties and worked under the same conditions as employees.
The court determined that the interns’ designation under Job Group H as per the Scheme of Service qualified them as employees, making the ministry responsible for their wages.
The judge stressed that forcing the interns to work without pay was equivalent to slavery and servitude and in breach of Article 30 of the Constitution. The unpaid labor and lack of explanation from the ministry also violated the interns’ right to dignity, reasonable working conditions, and fair remuneration under Article 41.
The court ordered MOH to pay each intern their entitled salary and allowances under Job Group H from January to December 2015.
