A group of Congolese doctors working in Kenya has moved to the High Court to challenge what they describe as an arbitrary decision by the Ministry of Health that has locked them out of medical practice after years of service in the country.
In a judicial review application filed in Nairobi, the doctors want the court to quash a decision by the Ministry of Health declining to renew their practising licences and work permits for 2026, a move they say has effectively barred them from treating patients across the country .
The applicants, who are nationals of the Democratic Republic of Congo, say they have lived and worked in Kenya for over a decade, serving in both public and private hospitals, and paying all required taxes, levies and regulatory fees. They argue that despite meeting all statutory requirements, their licence renewals were suddenly made conditional on obtaining “letters of no objection” from the Cabinet Secretary for Health documents they say were never required before and have not been issued to date .
Through lawyer Danstan Omari, the doctors accuse the government of acting without prior notice, consultation or written reasons, contrary to the Constitution and the Fair Administrative Action Act. They say the decision has left them jobless, exposed to criminal liability for practising without licences, and unable to meet basic family obligations despite having employment contracts running into 2026 .
The suit names the Cabinet Secretary for Health and the Ministry of Health as respondents, with the Kenya Medical Practitioners and Dentists Council, the State Department for East African Community, the Ministry of Foreign Affairs and the Embassy of the Democratic Republic of Congo listed as interested parties .
In their court papers, the doctors rely heavily on Kenya’s obligations under the East African Community framework, noting that the Democratic Republic of Congo formally joined the bloc in 2022. They argue that as EAC citizens, they are entitled to non-discriminatory treatment, mutual recognition of professional qualifications, and the right to work within partner states without unjustified barriers .
They warn that the licence freeze is not just a personal crisis but a public health risk, saying hospitals have already begun losing skilled medical officers at a time when the health sector is overstretched. Some of the applicants hold senior clinical and administrative positions, including medical officers in charge, surgeons and specialists whose contracts now hang in the balance .
The doctors are seeking urgent orders of certiorari to quash the impugned decision, mandamus to compel renewal of their practising licences and work permits, and prohibition to stop the government from introducing new hurdles without lawful justification. They have also asked the court to hear the matter on a priority basis, citing the risk to patients and the livelihoods of their families .
The case places the spotlight on Kenya’s handling of foreign medical professionals, the balance between regulation and fairness, and the country’s commitment to regional integration under the East African Community treaty.
