Over 20 Congolese doctors have sued Cabinet Secretary Aden Duale and the Ministry of Health for refusing to renew their medical licences and work permits.
In an urgent application, the doctors argue that the government’s decision is arbitrary, discriminatory, and threatens both their livelihoods and the delivery of critical health services in Kenya.
The doctors, led by Georges Maloba Banza who is the president of the Congolese Medical Association Kenya, appeared before the High Court at Milimani Law Courts on Monday seeking orders to quash the state’s decision and compel the issuance of letters of no objection, allowing them to continue practicing medicine in the country.
“Pending the hearing and determination of this application, an order of certiorari be issued bringing before this honourable court, for quashing, the decision of the CS Duale and Ministry of Health dated January 7, 2026, declining to renew the applicants’ licenses and work permits, subsequently disallowing them from practicing medicine within the republic,” the petition reads.
They also seek interim orders to access the license renewal portal while the case is heard.
According to court documents, the dispute arose after the Kenya Medical Practitioners and Dentists Council (KMPDC) in October 2025 required foreign doctors to obtain letters of no objection from the Cabinet Secretary before renewing their practicing licenses for the year 2026.
In a supporting affidavit, Dr Banza stated that despite writing to the Ministry in October 2025 asking for the letters, no response was received until January 5, 2026, when the office denied their request.
“Upon opening my portal some time in December 2025, I was struck with a notification from the 1st Interested Party (KMPDC) in respect of renewal of my practicing license. However, the same was subject to obtaining a letter of no objection from the 1st respondent (CS Duale) herein,” Banza stated in the affidavit.
The doctors argue that as nationals of the Democratic Republic of Congo, which became a full member of the East African Community (EAC) in April 2022, they should enjoy rights and privileges afforded to EAC citizens.
The communiqué signed on April 8, 2022, between former President Uhuru Kenyatta and President Félix-Antoine Tshisekedi Tshilombo officially admitted DRC into the regional bloc.
Through lawyer Danstan Omari, the doctors say that they have practiced in Kenya since 2005 and have been frustrated by the new requirement by the ministry.
“The over 50 doctors have tried, through the digital platform, to access information and to apply for renewal, but they have been blocked at every turn,” Omari states in court pleadings.
The doctors serve in both public and private hospitals.
The case is pending hearing before the High Court.
