Over 20 doctors from the Democratic Republic of Congo (DRC) working in Kenya have filed a lawsuit against the Ministry of Health and Health Cabinet Secretary Aden Duale after their 2026 practising licences and work permits were reportedly denied.
In a court application filed on Monday, January 12, under a certificate of urgency, lawyer Danstan Omari described the Ministry’s actions as “arbitrary and discriminatory.”
He argued that the doctors, as members of the East African Community (EAC), should not have been affected by the policy, which CS Duale had earlier stated would exempt EAC practitioners.
“He is very categorical that all doctors from the East African Community will be offered employment. That statement is not true. Congolese doctors have not been allowed to renew their licences,” Omari said.
According to the legal team, the doctors have also faced financial hurdles, with licence renewal fees rising from Ksh 20,000 to as much as Ksh 500,000 in the past year.
The medical practitioners, who have worked in Kenya for over a decade across both public and private facilities, claim that despite years of service and proven qualifications, they have been blocked from renewing their licences due to new requirements and excessive costs.
The doctors are requesting court orders to prohibit CS Duale, the Ministry of Health, and other state agencies from preventing the renewal of their licences and work permits, citing violations of their constitutional, labour, and administrative rights.
They warned that failure to address the matter urgently could lead to a shortage of medical personnel, negatively affecting patient care, while also causing economic hardship for the affected doctors and their families.
The lawsuit comes after CS Duale directed that Kenyan-trained health professionals be prioritised in licensing and employment, a move backed by the Kenya Medical Practitioners and Dentists Union (KMPDU).
Duale argued that this policy aligns with international best practices, emphasising that sustainable health systems cannot rely heavily on foreign medical workers.
While practitioners from EAC member states were reportedly exempted from the policy, the petition by DRC doctors now calls into question the CS’s commitment to regional integration and mutual recognition agreements.
As the matter awaits urgent judicial review, the doctors have urged both the Kenyan and DRC governments to work together to establish a permanent mechanism for resolving similar disputes in the future.
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