NAIROBI, Kenya – The High Court has directed parties in a legal dispute involving Congolese doctors working in Kenya to pursue an out-of-court settlement, amid growing diplomatic engagements between Nairobi and Kinshasa over the matter.
Justice Roseline Aburili issued the directive after hearing submissions in a case filed by Congolese medical practitioners who accuse the Ministry of Health of unlawfully barring them from practising in Kenya.
Appearing for the doctors, lawyer Danstan Omari told the court that at least 50 Congolese doctors have been locked out of medical practice after authorities declined to renew their practising licences and work permits for 2026.
“The government’s position is that there exists a mutual framework document on professional practice, particularly for doctors, which the government of Congo has allegedly failed to submit,” Omari said.
He added that diplomatic discussions are already underway between Kenya and the Democratic Republic of Congo (DRC), aimed at resolving the standoff without prolonged litigation.
“I am instructed that there are diplomatic discussions between the two governments with a view to resolving this matter amicably,” Omari submitted, urging the court to allow more time for negotiations to progress.
The doctors have moved to court through a judicial review application seeking to quash what they describe as an arbitrary and unlawful decision by the Ministry of Health to deny renewal of their licences and work permits.
They argue that the decision has effectively barred them from treating patients, despite having lawfully practised in Kenya for years.
According to court filings, the applicants — all DRC nationals — say they have lived and worked in Kenya for over a decade, serving in both public and private hospitals while paying all required taxes, levies and regulatory fees.
They contend that although they met all statutory requirements, licence renewals were abruptly made conditional on obtaining “letters of no objection” from the Cabinet Secretary for Health — a requirement they say did not previously exist and for which no letters have been issued.
Through their lawyer, the doctors accuse the government of acting without prior notice, consultation or written reasons, in violation of the Constitution and the Fair Administrative Action Act.
The issue of reciprocity also arose during the proceedings, with Omari questioning whether Kenya, which exports doctors abroad, should be locking out foreign medical professionals, and arguing that the matter should be addressed in the ongoing bilateral talks.
The doctors say the decision has left them jobless, exposed them to possible criminal liability for practising without valid licences, and unable to meet basic family obligations, despite holding valid employment contracts running into 2026.
Justice Aburili directed both sides to prioritise negotiations and report back to court on the progress made, stressing the need for a timely and practical resolution to the dispute.
