High Court Suspends Rology Kenya Operations

The High Court in Nairobi has suspended the operations of Rology Medical Kenya Ltd over alleged regulatory compliance concerns, ordering that the digital health company cease operating in Kenya until it is fully registered and compliant with relevant medical, digital health, and data protection laws.

In a ruling delivered at the Milimani High Court, Lady Justice Nyaundi Patricia Mande directed that the company’s operations remain suspended until it meets the requirements established under Kenyan law.

A petition was filed by officials of the Kenya Association of Radiologists who challenged the operations of the teleradiology platform, arguing that it had been providing radiology services in Kenya without the necessary approvals and regulatory oversight.

Judgment further stated that the company’s operations would remain suspended until compliance with the Data Protection Act, the Digital Health Act, and related regulations, including the Digital Health (Data Exchange Component) Regulations, 2025.

“The operations of the 6th Respondent within the Republic of Kenya are hereby suspended forthwith until such time as they are duly registered and compliant with the provisions of the Kenya Medical Practitioners and Dentists Act,” the court ordered.

The court also directed relevant authorities to take action regarding licences, approvals, and authorisations issued to Rology in relation to the handling and processing of patients’ portable personal health records and data.

“An Order of Mandamus is hereby issued directing the 1st and 2nd respondents to forthwith cancel any licences, approvals, or authorisations issued to the 6th respondent in respect of the administration, handling, storage, or processing of patients’ portable personal health records and data on its digital platform and/or any associated platforms,” Justice Mande ruled.

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Rology Faces Suspension Over Compliance

Rology Medical Kenya Ltd is the local branch office of Rology Inc which is an international AI-enabled teleradiology platform founded in Egypt.

It was pointed out by the petitioners that over 60,000 patients have received services from the platform in over 40 health facilities under the purview of the government.

In its judgment, the court emphasized that the Kenya Medical Practitioners and Dentists Council(KMPDC) has constitutional and legal obligations in respect to registration and regulation of entities engaged in the provision of medical services.

The judgment noted that gaps in regulation could expose patients to risks involving healthcare quality, privacy, consumer protection, and accountability.

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The court found that digital healthcare providers cannot rely on technological innovation or regulatory gaps as a basis to operate outside Kenyan laws.

“Further, the conduct of the 2nd respondent offends the express provisions of Article 10, which bind all State organs and public officers to the national values and principles of governance, including the rule of law, human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised,” the court stated.

The ruling added that the failure to ensure compliance with applicable statutory requirements amounted to an arbitrary exercise of authority.

“In permitting the 6th respondent to operate within the country without compliance with the applicable statutory edicts, the 2nd respondent acted arbitrarily and thereby ran afoul of its constitutional obligations,” the court held.

The judgment also awarded costs of the petition to the petitioners, payable by the 2nd and 6th respondents.

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Milimani Law Courts. PHOTO/ FILE