NAIROBI, Kenya — More than 20 Congolese medical practitioners working in Kenya have filed a legal challenge at the High Court in Nairobi, seeking to compel the government to renew their practising licences and work permits. The doctors say a recent suspension of renewals is unlawful, discriminatory and undermining patient care, according to court documents.
The group accuses the Ministry of Health and the Kenya Medical Practitioners and Dentists Council (KMPDC) of arbitrarily refusing to process licences after a directive issued on 7 January 2026 blocked the issuance of “letters of no objection” — a requirement the doctors say was imposed without prior notice or explanation.
The doctors contend that the directive effectively prevents foreign practitioners from renewing their licences and work permits, abruptly barring them from practising medicine in Kenya.
Represented by lawyer Danstan Omari, the Congolese nationals argue that they have served in both public and private health facilities across Kenya for more than a decade, contributing to hospitals and clinics while meeting all regulatory and immigration requirements, including taxes and levies.
“This abrupt action has disrupted healthcare services, jeopardised patients, and threatened the livelihoods of doctors and their families,” the court documents state.
In their petition, the doctors argue that the government’s move violates Kenya’s obligations under the East African Community (EAC) Treaty, noting that the Democratic Republic of Congo became a full member of the East African Community in April 2022, entitling its professionals to fair labour mobility and non‑discriminatory treatment.
Dr Georges Maloba Banza, president of the Congolese Medical Practitioners Association in Kenya, told the court that the group had encountered no issues renewing licences until late 2025, when the KMPDC online portal began demanding a “letter of no objection” from the Ministry of Health, documents which have not been issued despite repeated requests.
The application alleges that renewal fees for licences and work permits have also been increased significantly, in some cases nearly tenfold, creating a financial burden that makes compliance difficult for the affected doctors.
The doctors are seeking a range of judicial review orders, including certiorari (to quash the directive), mandamus (to compel renewal of licences and permits), and an order of prohibition against the imposition of arbitrary requirements.
They argue the relief sought would uphold the rule of law and protect public interest by safeguarding patient care.
In response to the broader controversy over foreign practitioners, the Kenya Medical Practitioners and Dentists Union (KMPDU) recently backed the government’s move to restrict licence renewals for foreign doctors, citing concerns about compliance with labour law and job prospects for Kenyan medical graduates.
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KMPDU’s Secretary‑General, Davji Atellah, said the union supports policies that protect local health workers and ensure lawful recruitment.
Figures from a recent regulatory report show that as of the end of 2025, foreign nationals accounted for fewer than 5 per cent of licensed medical practitioners in Kenya, with a vast majority, more than 12,700, being Kenyan citizens. These statistics have been cited by some officials in defence of the policy shift.
The case is expected to highlight broader tensions within Kenya’s health workforce policy, as the government seeks to balance protection of local employment with regional integration commitments under the EAC Treaty. The High Court has yet to set a hearing date.
