Foreign doctors sue gov't for freezing licence renewal

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. They argue 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 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 lawyer Danstan 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 say 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, despite having valid employment contracts running into 2026.

The petition names the Cabinet Secretary for Health and the Ministry of Health as respondents. 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 have been listed as interested parties.

In their court papers, the doctors rely heavily on Kenya’s obligations under the East African Community (EAC) 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.

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

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 doctors are seeking orders to compel the renewal of their practising licences and work permits, and 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.