By Andrew Kariuki
The High Court has directed parties involved in a dispute over the licensing of Congolese doctors practising in Kenya to explore an out-of-court settlement through negotiations.
Justice Roseline Aburili issued the direction during a mention of a judicial review application filed by doctors from the Democratic Republic of the Congo (DRC), who are challenging a decision by the Ministry of Health that has prevented them from continuing medical practice in Kenya.
The doctors, represented by advocate Danstan Omari, told the court that at least 50 Congolese medical practitioners have been locked out of practice following the refusal to renew their practising licences and work permits for the year 2026.
Omari informed the court that the government’s response indicates the existence of a framework document governing cross-border professional practice, particularly for medical practitioners, which Kenya says has not been submitted by the Congolese government.
“The government’s position is that there exists a mutual document on professional practice, especially doctors, which the government of Congo has not submitted,” Omari told the court.
Counsel further disclosed that diplomatic discussions are already ongoing between the governments of Kenya and the Democratic Republic of the Congo in an effort to resolve the matter amicably.
“I am instructed that there are diplomatic discussions between the two governments with a view to resolving this matter amicably,” he said, asking the court to allow time for the talks to continue.
In their application, filed in Nairobi, the doctors are seeking orders to quash the decision of declining to renew their licences and permits, which they say has effectively barred them from treating patients despite years of lawful practice in the country.
The applicants state that they have lived and worked in Kenya for over a decade, serving in both public and private health facilities while complying with all tax, regulatory and professional requirements.
They argue that although they met all statutory conditions, renewal of their licences was suddenly made subject to obtaining letters of no objection from the Cabinet Secretary for Health, a requirement they say was introduced without prior notice and for which no letters have been issued.
Through Omari, the doctors contend that the decision was made without consultation, written reasons or due process, contrary to the Constitution and the Fair Administrative Action Act.
The issue of reciprocity was also raised, with counsel questioning whether Kenya, which exports medical professionals abroad, should address the matter through bilateral engagement rather than administrative exclusion.
The doctors told the court that the decision has left them unemployed, exposed them to possible criminal liability for practising without valid licences and unable to meet family obligations, despite holding valid employment contracts extending into 2026.
Justice Aburili directed the parties to pursue negotiations and report back to court on the progress made, emphasising the need for a practical and timely resolution to the dispute.
