Congolese Doctors Sue Ministry of Health Over License Renewal Ban
"The Democratic Republic of Congo signed a treaty for establishment of the East African Community EAC on April 8, 2022 and the applicants ought to be treated as the members of the said community and enjoy the rights and privileges that come with it," Omari said.
A group of 50 Congolese doctors has moved to the High Court, seeking to quash the Ministry of Health’s decision to deny them the right and opportunity to renew their practicing licenses, thereby allowing them to continue operating in the country.
Pending the hearing and determination of the application, they are urging the court to quash the decision of the Cabinet Secretary, Ministry of Health, and the Ministry of Health listed as first and second respondents, declining them to renew their licenses and work permits to allow them to practice and offer medical services to patients in the country.
In the matter certified as urgent, they are also seeking a prohibition order against the respondents from arbitrarily and without prior notice and justifiable reasons to prevent the renewal of their licenses.
In their affidavit, sworn by Georges Maloba Banza, the chairman of Congolese Doctors Diaspora in Kenya, it is stated that they are certified doctors from the Democratic Republic of Congo, having resided and practiced in Kenya for more than 10 years.
Doctors practicing all over the country have been working in Kenya for over 10 years in Mission Hospitals, private hospitals, and government hospitals. Their qualifications were verified by the Kenya Medical Practitioners and Dentists Council (KMPDC) in 2019 for registration purposes; however, they claim that the Council performed the registration temporarily.
On January 7, 2026, the Cabinet Secretary for Health, Aden Duale, issued a statement curtailing the issuance of letters of no objection to applicants, subsequently prohibiting them from renewing their medical practicing certificates.
They claim that “the decision was impromptu without prior communication to the applicants, most of whom have served in their capacity as medical doctors in the country for more than five years without experiencing the hurdles they are currently experiencing.”
Through their lawyer, Danstan Omari, the doctors state that the Ministry of Health decided without proper prior communication and consultation with the Congolese Doctors Association in Kenya.
“The Democratic Republic of Congo signed a treaty for establishment of the East African Community EAC on April 8, 2022 and the applicants ought to be treated as the members of the said community and enjoy the rights and privileges that come with it,” Omari said.
The applicants are also lamenting the increase in the renewal of their licenses and work permits, which the government has multiplied, saying it has been weighing heavily on them due to financial constraints, as they have been unable to afford the renewal of their licenses and work permits. Some of them are still awaiting payment from the institutions for which they work.
They claim that despite their attempt to write letters to the government through the Ministry of Health, they have yet to receive any response since 2024.
