Congolese doctors working in Kenya have moved to court to challenge what they describe as discriminatory and unlawful actions by the Ministry of Health, after the government declined to renew their practicing licences and work permits.
Through lawyer Danstan Omari, the doctors have sued the Ministry of Health and Health Cabinet Secretary Adan Duale, accusing them of violating regional treaties, administrative fairness, and constitutional principles.
Doctors Challenge Licence Refusal in Court
In their court papers, the applicants argue that the Ministry has unlawfully refused to renew their medical practising licences and work permits, effectively barring them from offering medical services within the Republic of Kenya.
They are seeking an order of certiorari to quash a decision issued by CS Duale on January 7, 2026, which curtailed the issuance of letters of no objection—documents required for the renewal of practising certificates.
The doctors further want the court to issue a mandatory order compelling the Cabinet Secretary and the Ministry to allow the immediate renewal of their licences and permits, enabling them to continue practising medicine and treating patients across the country.
Allegations of Bias Against Congolese Doctors
According to the applicants, the decision unfairly treats the Democratic Republic of Congo (DRC) as a foreign state rather than a full member of the East African Community (EAC).
Court documents indicate that the DRC formally acceded to the Treaty for the Establishment of the East African Community on April 8, 2022, a move that, the doctors argue, entitles Congolese professionals to the same rights, privileges, and freedoms enjoyed by citizens of other EAC member states.
“The respondents’ decision was impromptu, arbitrary, and made without prior communication or consultation,” Omari told the court.
He added that most of the affected doctors have worked in Kenya for over five years without facing similar regulatory hurdles.
No Prior Notice or Consultation, Court Told
The doctors accuse the Ministry of acting without consultation with the Congolese Doctors’ Association in Kenya and without issuing prior notice or clear justification for the abrupt policy shift.
They are also seeking prohibitory orders to restrain the Ministry and CS Duale from arbitrarily blocking, curtailing, or frustrating the renewal of their licences in the future without lawful cause, due process, or adequate notice.
Licence Fees Increased Tenfold
The suit also challenges the sharp increase in licence and work permit fees, which the doctors say has compounded their hardship.
According to the court filings, licence renewal fees have allegedly been raised from Sh20,000 to Sh90,000 per doctor, a more than fourfold increase, while some permit-related costs are said to have risen tenfold.
Omari told the court that many of the applicants are already facing financial strain, noting that some doctors have not been paid by the public and private institutions where they work, making it nearly impossible to meet the new costs.
Impact on Healthcare Services
The doctors warn that the Ministry’s actions risk disrupting healthcare delivery, particularly in facilities already struggling with staff shortages.
They argue that barring qualified doctors from practising undermines patient care and contradicts Kenya’s commitment to regional integration, labour mobility, and health sector stability.
The matter is now before the court for directions and hearing.