Anyona & 6 others v Principal Secretary, Ministry of Health & 2 others; Kenya Medical Practitioners, Pharmacists and Dentist Union & 4 others (Interested Parties) (Petition E041 of 2023) [2023] KEELRC 2968 (KLR)

The petitioners, though serving officers in county governments, hold the same pharmacy degrees and completed the same internship. The letters of offer promised a stipend of Kshs.42,970 monthly. Comparator interns were emplaced at Job Group L and paid; the petitioners were not paid despite Treasury releasing funds. The only difference was that the petitioners were already on the payroll, a distinction the court found superfluous and absurd, breach of contract, and contrary to the policy.

The court held the distinction between serving officers and interns superfluous, since interns become part of the public service, and the policy neither defines nor excludes interns already in public service. The policy defines interns as health professional graduates undergoing supervised training and requires a harmonised compensation package across counties.

The petitioners performed their part by undertaking the internship; the respondents cited no policy provision permitting refusal to pay the agreed stipend. The refusal was unilateral, without consultation, a breach of contract and an unfair labour practice under section 5 of the Employment Act and Articles 10, 27, 28 and 41.