More than 20 doctors from the Democratic Republic of Congo (DRC) working in Kenya have gone to court after the Ministry of Health declined to renew their practising licences and work permits for 2026, a move they say threatens their livelihoods and the care of thousands of patients.
Through lawyer Danstan Omari, the medics filed an urgent application on Monday, January 12, accusing the ministry and Health Cabinet Secretary Aden Duale of acting in an arbitrary and discriminatory manner.
Omari told the court that the doctors, who have lived and worked in Kenya for more than a decade, were blindsided by the refusal to renew their licences despite assurances that health workers from the East African Community (EAC) would not be affected by a government crackdown on foreign doctors.
“The Cabinet Secretary was very clear that doctors from the East African Community would be allowed to work and have their licences renewed. That has not happened. Congolese doctors have been locked out,” Omari said.
The lawyer further claimed that the doctors have been subjected to excessive and unexplained charges, saying some were forced to pay up to KSh500,000 for licence renewals that ordinarily cost about KSh20,000.
In their court papers, the doctors are asking for orders stopping CS Duale, the Ministry of Health and other state agencies from enforcing the new restrictions, which they say violate their constitutional, labour and administrative rights.
They argue that they are fully qualified medical professionals who have served in both public and private hospitals across Kenya for years without incident. But new requirements and steep fees, they say, have now made it impossible for them to renew their practising licences for 2026.
The medics warn that if the court does not intervene urgently, the impact will go beyond their own families. “Patients who depend on us for essential medical care will be left without services, while our households will be pushed into severe economic hardship,” they said.
The dispute stems from a recent directive by CS Duale giving priority to Kenyan-trained health workers in licensing and employment, a policy strongly backed by the Kenya Medical Practitioners and Dentists Union (KMPDU). Duale defended the move as being in line with international best practice, arguing that no country can build a strong health system by relying mainly on foreign labour.
KMPDU has also accused some private hospitals of preferring cheaper foreign doctors, a practice it says has sidelined Kenyan professionals.
However, Duale had exempted practitioners from EAC member states, saying Kenya remains committed to regional integration and mutual recognition agreements. The lawsuit by the Congolese doctors now casts doubt on how that exemption is being applied.
As the case awaits urgent directions from a judge, the affected doctors have appealed to both the Kenyan and Congolese governments to step in and find a lasting solution to prevent similar disputes in the future.
