Foreign Doctors Sue Kenyan Govt Over Licence Freeze Blocking Medical Practice

A group of Congolese doctors working in Kenya has moved to the High 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.

In a judicial review application filed in Nairobi, the doctors are seeking orders to quash a decision declining to renew their practising licences and work permits for 2026, arguing that the refusal has barred them from treating patients despite having lawfully worked in the country for years.

The applicants, all nationals of the Democratic Republic of Congo, say they have lived and practised in Kenya for over a decade, serving in both public and private hospitals while paying all required taxes, levies and regulatory fees.

They argue that “despite having lawfully worked in the country for years,” the refusal to renew their licences has abruptly ended their ability to practise medicine, even though they hold valid employment contracts running into 2026.

New Requirement Introduced Without Notice

According to the court papers, the doctors contend that although they met all statutory requirements, renewal of their licences was suddenly made conditional on obtaining “letters of no objection” from the Cabinet Secretary for Health.

They say this requirement “did not previously exist and for which no letters have been issued,” effectively creating an impossible barrier to licence renewal.

Claims of Constitutional Violations

Through lawyer Danstan Omari, the doctors accuse the government of acting “without prior notice, consultation or written reasons,” actions they say violate the Constitution and the Fair Administrative Action Act.

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They argue that the decision has rendered them jobless, exposed them to possible criminal liability for practising without licences and left them unable to meet basic family obligations.

In their application, 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 administrative barriers.”

Public Health Risk Warning

The doctors warn that the licence freeze poses not only a personal and professional crisis but also a broader public health risk, saying hospitals have already begun losing skilled medical officers at a time when the health sector is overstretched.

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Some of the applicants hold senior clinical and administrative roles, including surgeons, specialists and medical officers in charge, whose contracts are now at risk.

The petition 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.

The doctors are seeking orders to compel the renewal of their practising licences and work permits, as well as a prohibition to restrain the government from introducing new requirements without lawful justification.

They have also asked the court to hear the matter on a priority basis, citing “the potential impact on patient care and the livelihoods of their families.”

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