Court directs amicable settlement between MoH and foreign doctors denied license

The case was mentioned in a case where a group of Congolese doctors moved to the High Court to challenge what they term an arbitrary and unlawful decision by the Ministry of Health that has effectively locked them out of medical practice.

During the mention, lawyer Danstan Omari told the court that “50 Congolese doctors have been barred from practising here in Kenya.”

He said the government, in its replying affidavit, had argued that there exists a mutual framework document governing professional practice, particularly for doctors, which the Democratic Republic of Congo has allegedly failed to submit.

Omari further informed the judge that diplomatic engagements are ongoing between the two countries with the aim of resolving the dispute out of court.

“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 give a further date to allow time for the talks to progress.

“We pray for a further date so as to allow the two governments to engage and conclude the discussions,” Omari submitted.

In the substantive 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. 

They argue that the decision 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 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 further raise the issue of reciprocity, with counsel questioning, “Are we not exporting doctors as a country?” and arguing that the matter should form part of the negotiations ordered by the court.

The doctors say 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 having valid employment contracts running into 2026.