The High Court has directed the Ministry of Health and a group of foreign doctors denied license renewals to pursue an amicable settlement through negotiations, signaling a possible diplomatic resolution to a dispute that has locked dozens of medics out of practice in Kenya.
High Court Judge Roseline Aburili issued the direction during the mention of a case filed by Congolese doctors who moved to court after being barred from practising medicine. The doctors argue that the Ministry of Health made an arbitrary and unlawful decision that effectively excluded them from the healthcare system despite years of service in the country.
The ruling comes amid ongoing diplomatic engagements between Kenya and the Democratic Republic of Congo, raising hopes that the matter could be resolved without prolonged litigation.
Foreign Doctors Denied License Seek Court Intervention
According to submissions made in court, at least 50 Congolese doctors have been affected by the decision. Their lawyer, Danstan Omari, told the judge that the doctors were denied renewal of practising licences and work permits for 2026, rendering them unable to treat patients.
The Ministry of Health, in its replying affidavit, argued that a mutual framework document governing professional practice is required for foreign doctors. The government contends that the Democratic Republic of Congo has not submitted the necessary framework, making it difficult to process licence renewals.
However, Omari informed the court that discussions are already underway between the two governments. He said the diplomatic talks aim to resolve the dispute amicably and urged the court to grant time for the negotiations to progress.
Court Encourages Negotiations Over Litigation
In response, Judge Aburili directed the parties to explore an out-of-court settlement. The court granted an additional date to allow the diplomatic engagements to continue, emphasizing dialogue rather than immediate judicial determination.
Omari submitted that the doctors are hopeful the talks will address the licensing impasse and restore their ability to practise. He asked the court to allow sufficient time for the two governments to conclude discussions in good faith.
The direction reflects the court’s preference for negotiated solutions in disputes involving cross-border professional practice and diplomatic considerations.
Doctors Cite Long Service and Compliance
In their substantive judicial review application filed in Nairobi, the doctors argue that the decision to deny licence renewals was abrupt and unjustified. They say they have lived and practised in Kenya for more than a decade, serving in both public and private hospitals.
The applicants state that they complied with all statutory requirements, including payment of taxes, levies, and regulatory fees. Despite this, the renewal process was allegedly changed without notice, making licences conditional on “letters of no objection” from the Cabinet Secretary for Health.
The doctors say this requirement did not previously exist and that no such letters have been issued, effectively locking them out of the profession.
Constitutional and Administrative Law Concerns Raised
Through their lawyer, the doctors accuse the government of violating the Constitution and the Fair Administrative Action Act. They argue that the decision was made without prior consultation, written reasons, or an opportunity to be heard.
They also raised concerns about reciprocity, questioning whether Kenya should restrict foreign doctors while exporting its own medical professionals abroad. According to counsel, this issue should form part of the negotiations encouraged by the court.
Impact on Doctors and Healthcare
The doctors say the decision has left them jobless and exposed them to possible criminal liability if they continue practising without valid licences. They further argue that the situation has disrupted their livelihoods and family responsibilities, despite holding valid employment contracts running into 2026.
As the case awaits its next mention, the court’s directive for an amicable settlement places emphasis on diplomacy and dialogue. For the foreign doctors denied license renewals, the negotiations may determine whether they can resume medical practice in Kenya or remain sidelined.
