Congolese Doctors Locked Out of Practice Move to Court, Claim Unlawful Licence Freeze by Kenya’s Health Ministry

A group of Congolese doctors based in Kenya has turned to the High Court after a decision by the Ministry of Health left them unable to practise medicine. The doctors say the move was sudden, unfair and illegal, effectively cutting off their livelihoods after years of service in the country.

In papers filed in Nairobi, the doctors are asking the court to cancel a decision that denied renewal of their practising licences and work permits for 2026. They argue the refusal has blocked them from treating patients, despite their long-standing compliance with Kenyan laws and regulations.

All the applicants are citizens of the Democratic Republic of Congo. They say they have lived and worked in Kenya for more than ten years. During that time, they served in both public and private hospitals. They also state they paid all required taxes, statutory deductions, and professional fees without fail.

At the centre of the dispute is what the doctors describe as a new and unexplained condition. They claim the Ministry of Health suddenly required them to obtain “letters of no objection” from the Health Cabinet Secretary before licence renewal. According to the doctors, this requirement did not exist before. They add that no such letters have been issued to date.

Through lawyer Danstan Omari, the doctors accuse the government of acting arbitrarily. They say there was no prior notice, no consultation, and no written explanation. They argue the decision breaches the Constitution and violates the Fair Administrative Action Act.

The impact, they say, has been severe. Many have been forced out of work overnight. Others fear arrest or prosecution if they continue practising without valid licences. Several doctors say they are now unable to support their families, even though their employment contracts remain valid into 2026.

Some of those affected hold senior roles. These include surgeons, specialists, and heads of medical units. The doctors warn that hospitals are already losing experienced professionals, worsening staff shortages in an already strained health system.

The case also raises regional issues. The doctors point to Kenya’s obligations under the East African Community framework. They note that the DRC joined the bloc in 2022. As EAC citizens, they argue, they deserve equal treatment, recognition of qualifications, and freedom to work across member states.

They have sued the Health Cabinet Secretary and the Ministry of Health. Several bodies, including the medical regulator and foreign affairs offices, are listed as interested parties. The doctors are asking the court to urgently order licence renewal and stop the introduction of new rules without legal backing.