The foreign doctors license dispute involving the Ministry of Health and a group of Congolese medical practitioners has taken a new turn after the High Court encouraged both sides to seek an amicable settlement. The directive comes amid growing concern over the fate of dozens of doctors who say they have been locked out of medical practice in Kenya despite years of lawful service.
High Court Judge Roseline Aburili issued the guidance during the mention of the case in Nairobi, following submissions from both parties. The dispute centers on the Ministry of Health’s decision not to renew practising licences and work permits for the doctors for the current year, a move the applicants argue was arbitrary and unlawful.
The case highlights broader questions around cross-border professional practice, regulatory frameworks, and diplomatic relations between Kenya and the Democratic Republic of Congo.
Court Encourages Negotiations in Foreign Doctors License Dispute
Addressing the court, lawyer Danstan Omari, representing the doctors, said at least 50 Congolese doctors have been barred from practising medicine in Kenya. He told the judge that the government’s position rests on the alleged absence of a mutual framework document governing professional practice between Kenya and the Democratic Republic of Congo.
According to Omari, the Ministry of Health argues that such a framework is required for the renewal of licences but has not been submitted by the Congolese authorities. However, he informed the court that diplomatic engagements between the two countries are already underway.
“I am instructed that there are diplomatic discussions between the two governments with a view to resolving this matter amicably,” Omari told the court, adding that more time was needed for the talks to progress.
The court was asked to grant a further date to allow negotiations to continue, a request Judge Aburili appeared inclined to support in the interest of resolving the matter outside litigation.
Doctors Challenge Licence Renewal Conditions
In their substantive judicial review application, the doctors are seeking orders to quash the decision declining to renew their practising licences and work permits. They argue that the decision has effectively barred them from treating patients, despite having worked legally in Kenya for many years.
The applicants, all nationals of the Democratic Republic of Congo, say they have lived and practised in Kenya for over a decade. During that time, they served in both public and private hospitals while paying all required taxes, levies, and regulatory fees.
Central to the foreign doctors license dispute is a new requirement that licence renewal be supported by “letters of no objection” from the Cabinet Secretary for Health. The doctors argue that this condition did not previously exist and that no such letters have been issued, making compliance impossible.
Claims of Unfair Administrative Action
Through their lawyer, the doctors accuse the Ministry of Health of acting without prior notice, consultation, or written reasons. They argue that this conduct violates the Constitution as well as the Fair Administrative Action Act, which guarantees due process in administrative decisions.
Omari told the court that his clients met all statutory requirements for licence renewal and were surprised by the abrupt change in conditions. He said the lack of clarity and communication has left the doctors in legal and professional limbo.
The doctors also raised concerns about reciprocity, questioning whether Kenya, which exports medical professionals to other countries, should impose restrictive barriers on foreign doctors practising locally. They argued that this issue should form part of the broader negotiations ordered by the court.
Personal and Professional Impact on Doctors
The doctors told the court that the decision has had severe consequences on their lives. They say they have been rendered jobless and exposed to potential criminal liability if they continue practising without valid licences.
According to the application, some of the doctors have valid employment contracts running into the next year but are unable to fulfil them due to the licensing impasse. This, they argue, has left them unable to meet basic family obligations despite years of service in Kenya’s healthcare system.
As the foreign doctors license dispute moves into a negotiation phase, the court’s intervention signals a preference for a diplomatic and administrative solution rather than prolonged litigation. The outcome of the talks is expected to have implications not only for the affected doctors but also for how Kenya regulates foreign professionals in critical sectors like healthcare.
