The High Court has advised parties involved in a dispute over the employment of Congolese doctors in Kenya to pursue an out-of-court settlement through negotiations. Justice Roseline Aburili issued the direction during the mention of a case filed by a group of doctors from the Democratic Republic of Congo (DRC), who are challenging a decision by the Ministry of Health that has effectively prevented them from continuing medical practice in Kenya.
Appearing before the court, lawyer Danstan Omari told the judge that about 50 Congolese doctors have been denied the right to practise in the country following the refusal to renew their practising licences and work permits for 2026. According to Omari, the government’s response claims that Kenya and the DRC are required to operate under a mutual framework governing professional practice, a document he said the Congolese government has allegedly not provided. The court was informed that diplomatic talks are currently underway between Nairobi and Kinshasa in an effort to resolve the matter amicably. Omari requested more time to allow the intergovernmental discussions to progress, noting that both sides were actively engaging with the hope of settling the dispute outside the courtroom.
In the main judicial review application filed in Nairobi, the doctors are seeking to overturn the decision declining to renew their licences, arguing that it was unlawful and procedurally unfair. They state that the move has barred them from treating patients despite having worked legally in Kenya for many years. The applicants say they have lived and practised in the country for over a decade, serving in both public and private health facilities while complying with all regulatory requirements, including payment of taxes, levies and professional fees.
They further argue that the licensing process was abruptly altered when authorities introduced a new requirement for “letters of no objection” from the Cabinet Secretary for Health — a condition they say did not previously exist and for which no such letters have been issued. Through their lawyer, the doctors accuse the government of making the decision without prior notice, consultation, or written justification, actions they say violate the Constitution and the Fair Administrative Action Act.
The issue of reciprocity was also raised in court, with Omari questioning whether Kenya, which exports medical professionals abroad, should subject foreign doctors to sudden restrictions. He urged that the matter be addressed within the diplomatic negotiations encouraged by the court. The doctors say the decision has left them jobless, exposed them to possible criminal charges for practising without valid licences, and unable to meet basic family needs, despite holding valid employment contracts running into 2026.
