Roseline Aburili has directed parties in a dispute involving Congolese doctors working in Kenya to pursue an out-of-court settlement through negotiations, after submissions made during the mention of the case.
The matter arises from a judicial review application filed by a group of doctors from the Democratic Republic of the Congo who moved to court to challenge what they describe as an arbitrary and unlawful decision by the Ministry of Health that has effectively locked them out of medical practice.
Appearing for the doctors, Danstan Omari told the court that at least 50 Congolese doctors have been barred from practising in Kenya.
He said the government’s replying affidavit indicates that there exists a mutual framework document governing professional practice, particularly for doctors, which the Congolese government has allegedly failed to submit.
“The government’s position is that there is one mutual document on professional practice, especially doctors, which the government of Congo has not submitted,” Omari told the court.
Counsel further informed the court that diplomatic engagements are already underway between the two governments with a view to resolving the dispute outside the courtroom.
“I am instructed that there are diplomatic discussions between the two governments with a view to resolving this matter amicably,” he submitted.
He asked the court to grant a further date to allow the talks to progress.
“We pray for a further date so as to allow the two governments to engage and conclude the discussions,” Omari added.
In the substantive application filed in Nairobi, the doctors are seeking orders to quash a decision declining to renew their practising licences and work permits for 2026.
They argue that the decision has barred them from treating patients despite having lawfully worked in Kenya for years.
The applicants, all nationals of the Democratic Republic of Congo, say they have lived and practised in Kenya for more than a decade, serving in both public and private hospitals while paying all required taxes, levies and regulatory fees.
They contend that although they met all statutory requirements, the renewal of their licences was abruptly made conditional on obtaining letters of no objection from the Cabinet Secretary for Health, a requirement they say did not previously exist and for which no letters have been issued.
Through Omari, the doctors accuse the government of acting without prior notice, consultation or written reasons, in violation of the Constitution and the Fair Administrative Action Act.
They also raised the issue of reciprocity, with counsel asking the court, “Are we not exporting doctors as a country?” and arguing that the issue should form part of the negotiations now directed by the court.
The doctors told the court that the decision has rendered them jobless, exposed them to possible criminal liability for practising without valid licences, and left them unable to meet basic family obligations, despite holding valid employment contracts running into 2026.
Justice Aburili directed the parties to pursue negotiations and to report back to court on the progress made, stressing the need for a timely and practical resolution of the dispute.
