A group of doctors from the Democratic Republic of Congo (DRC) working in Kenya has filed a case at the High Court, challenging a decision by the Ministry of Health that has effectively blocked them from continuing their medical practice. In the judicial review application lodged in Nairobi, the doctors want the court to overturn a decision that declined to renew their practising licences and work permits for 2026. They argue that the move has unfairly barred them from treating patients despite having worked legally in Kenya for many years.
“New and Unlawful” Requirement
According to court documents, the doctors, who have practised in both public and private hospitals across Kenya for more than a decade, say they have consistently complied with all legal and regulatory requirements. This includes payment of taxes, statutory levies, and professional fees. However, they claim the renewal process was suddenly subjected to a new condition: the requirement to obtain “letters of no objection” from the Cabinet Secretary for Health. The doctors argue that this requirement did not previously exist and that no such letters have been issued, effectively making renewal impossible. Through their lawyer, Danstan Omari, the applicants accuse the government of acting arbitrarily and without due process. They say the decision was made without prior notice, consultation, or written reasons, in breach of the Constitution and the Fair Administrative Action Act.
Livelihoods and Patient Care at Risk
The doctors state that the refusal to renew their licences has left them jobless and exposed to possible criminal charges for practising without valid licences. They also say they are unable to meet basic family obligations, despite holding valid employment contracts that run into 2026. Some of the affected doctors occupy senior positions, including surgeons, specialists, and medical officers in charge. They warn that hospitals have already started losing experienced medical personnel, worsening pressure on an already overstretched health sector.
EAC Rights at the Centre of the Case
In their filings, the doctors rely heavily on Kenya’s obligations under the East African Community (EAC) framework. They note that the DRC formally joined the regional bloc in 2022, giving its citizens the right to work across partner states without discrimination or unnecessary administrative barriers. They argue that the licence freeze violates the principles of mutual recognition of professional qualifications and free movement of labour guaranteed under the EAC treaty.
Respondents and Interested Parties
The case names the Cabinet Secretary for Health and the Ministry of Health as respondents. Listed as interested parties are the Kenya Medical Practitioners and Dentists Council (KMPDC), the State Department for East African Community Affairs, the Ministry of Foreign Affairs, and the Embassy of the Democratic Republic of Congo. The doctors are asking the court to compel the renewal of their practising licences and work permits, and to bar the government from introducing new requirements without lawful justification. They have also requested the matter to be heard urgently, citing the impact on patient care and the welfare of their families.
