High Court Orders Negotiations as 50 Congolese Doctors Challenge Ministry of Health over Practicing Ban in Kenya

The High Court has called for negotiations in a dispute involving 50 Congolese doctors barred from practicing in Kenya. High Court Judge Roseline Aburili urged the parties to explore an amicable settlement during the mention of the case.

Lawyer Danstan Omari told the court that the Ministry of Health’s decision has locked the doctors out of medical practice. “Fifty Congolese doctors have been barred from practising here in Kenya,” he said. The government argued that a mutual framework for professional practice exists, but the Democratic Republic of Congo has allegedly failed to submit the required documents.

Omari added that diplomatic talks between Kenya and the DRC are ongoing. “We are instructed that both governments are engaging to resolve this matter amicably,” he said. He asked the court to give a further date to allow the discussions to progress. “We pray for a further date so the governments can conclude the talks,” he added.

The doctors filed a judicial review application seeking to quash the Ministry’s refusal to renew their practising licences and work permits for 2026. They claim the decision is arbitrary and unlawful. Despite having worked in Kenya for years, paying all taxes and regulatory fees, they are now unable to see patients.

The applicants say the Ministry abruptly made licence renewal conditional on “letters of no objection” from the Cabinet Secretary for Health. This requirement did not exist previously, and no letters have been issued. Through Omari, the doctors argue the government acted without prior notice, consultation, or written reasons, violating the Constitution and the Fair Administrative Action Act.

They also raised the issue of reciprocity. “Are we not exporting doctors as a country?” Omari questioned. The doctors say the ban has left them unemployed, exposed them to criminal liability for practicing without licences, and unable to support their families despite valid employment contracts running through 2026.

Judge Aburili’s call for negotiations emphasizes the importance of resolving disputes diplomatically. It also highlights the need to protect professional rights while ensuring healthcare services remain uninterrupted in Kenya.