Congolese doctors represented by lawyer Danstan Omari sue health cabinet secretary Aden Duale in health license row at Milimani courts, Nairobi on January 12, 2025/LEAH MUKANGAI
A group of 22 Congolese doctors has filed a lawsuit against the government challenging what they describe as arbitrary and discriminatory delays in the renewal of their practicing licenses in Kenya.
The doctors spoke during a press briefing on Monday at Milimani Law Courts, decrying the challenges that they say have effectively barred them from practicing medicine.
Represented by lawyer Danstan Omari, the doctors explained that they are legally in Kenya and have been operating in the country since the mid-2000s.
They further stated that they adhered to all required procedures to uphold their professional integrity.
“Some of us went to medical schools in Kenya, others abroad, and a few are pursuing master’s degrees here. We are part of the East African Community (EAC), and the rights accorded to EAC members should apply to us,” they said.
The dispute centres on the annual renewal of medical practice certificates.
According to the doctors, they have decried repeated frustration in obtaining the required “no objection” letter from the CS of Health.
“Since July 2025, they have sought the letter diligently. Instead of guidance, we were met with silence and referrals to multiple offices, only to learn from media statements that foreign doctors would no longer be recruited or empowered,” Omari said.
The doctors argue that the delay in renewing their licenses raises concerns over fairness and equal treatment.
“The fees to renew licenses have been increased for us, despite us holding valid work permits, having families here, and contributing to the health sector. Some of us have received notices that our licenses will not be renewed,” they said.
Doctor Georges Maloba, President of the Congolese Doctors’ Association in Kenya, stated that the group has written to the Ministry of Foreign Affairs since 2024 seeking clarification but has received no response.
“We feel like we are being treated as outsiders despite being members of the EAC. There is no evidence that the Democratic Republic of Congo (DRC) has withdrawn from the EAC,” he said.
Dr. Leon Sulu, addressing the media, added that the group has adhered to all regulatory and immigration requirements.
“We entered Kenya legally, obtained visas, submitted documentation to the Kenya Medical Practitioners and Dentists Council (KMPDC), and paid all requisite fees. We later received temporary registration and began working in 2019. When we attempted to update our licenses in 2025, we were repeatedly told to obtain a no objection letter from the CS, with no subsequent feedback,” he explained.
The lawsuit, filed as an originating motion in the High Court, seeks multiple orders, including certiorari to quash the decision denying license renewals, mandamus compelling the CS and KMPDC to allow renewals, and prohibition against arbitrary obstacles to practicing in Kenya.
The doctors warn that the impasse is not only affecting their livelihoods but also has broader implications for Kenya’s health sector and diplomacy.
“Many Congolese live in Nairobi. When the health sector is affected, our communities and the public at large suffer. We appeal to the authorities to resolve this matter swiftly,” Dr. Maloba said.
Health CS Aden Duale had previously announced a sweeping policy shift that will see Kenya stop renewing licences for most foreign doctors, saying the move is necessary to protect jobs for thousands of unemployed Kenyan medical professionals.
Duale said the government will only allow foreign doctors to practise in Kenya if they possess specialised skills that are not available locally, and only if they come from within the East African Community (EAC).
He clarified that basic cadres such as medical officers, dentists and other general practitioners will no longer be licensed if they are foreigners.
The doctors maintain that the Democratic Republic of Congo remains a member of the East African Community and that they should be accorded the rights and treatment of EAC citizens.