By Peter John and Andrew Kariuki
Several doctors from the Democratic Republic of Congo have filed a case in the High Court seeking to overturn a decision by Kenyan health authorities that has prevented them from continuing medical practice in the country.
The doctors argue that the Ministry of Health’s refusal to renew their practicing licenses and work permits for 2026 has effectively forced them out of hospitals where they have worked legally for many years.
They say the decision was made abruptly and without explanation, leaving them unable to treat patients or earn a living.
According to court filings, the applicants have lived in Kenya for over a decade and have served in both public and private medical institutions.
They maintain that throughout this period, they fully complied with professional and immigration requirements, including remitting taxes and paying all regulatory fees.
The dispute arose after the ministry allegedly introduced a new requirement compelling foreign doctor to obtain “letters of no objection” from the Cabinet Secretary for Health as a condition for license renewal.
The doctors state that this requirement had never existed before and that no such letters have been issued, effectively blocking the renewal process.
Represented by advocate Danstan Omari, the doctors contend that the ministry’s actions breach constitutional principles and the Fair Administrative Action Act, which guarantees affected persons the right to prior notice, reasons for decisions, and procedural fairness.
They say the freeze has exposed them to possible criminal sanctions for practicing without a license, while their valid employment contracts extend into 2026.
Named as respondents in the suit are the Cabinet Secretary for Health and the Ministry of Health.
The Kenya Medical Practitioners and Dentists Council, the State Department for East African Community Affairs, the Ministry of Foreign Affairs and the Embassy of the Democratic Republic of Congo in Nairobi have joined as interested parties.
The doctors are also relying on Kenya’s regional obligations following the Democratic Republic of Congo’s admission into the East African Community in 2022.
They argue that EAC integration frameworks guarantee freedom of movement, equal treatment, and recognition of professional qualifications among partner states; the impugned decision, they say, has undermined these protections.
Beyond their personal circumstances, the applicants warn that the standoff could worsen staff shortages in an already strained health sector.
They say some hospitals have begun losing highly trained professionals, including specialists, surgeons, and senior medical officers, creating gaps that could affect patient care.
They are asking the court to urgently intervene by nullifying the license renewal decision, compelling the relevant authorities to reinstate their practicing licenses and work permits and barring the introduction of new administrative requirements without legal justification.
The case is commitments expected to test how Kenya regulates foreign medical practitioners while balancing constitutional safeguards, public interest considerations and its under regional integration agreements.
