Nairobi — The High Court has urged parties involved in a dispute over the renewal of practising licences for Congolese doctors working in Kenya to pursue an out-of-court settlement through negotiations.
Justice Roseline Aburili issued the direction during the mention of a case filed by a group of doctors from the Democratic Republic of Congo (DRC), who are challenging what they term an unlawful decision that has effectively barred them from practising medicine in Kenya.
The matter was mentioned after about 50 Congolese doctors moved to court to contest the Ministry of Health's decision not to renew their practising licences and work permits for 2026.
During the proceedings, lawyer Danstan Omari, appearing for the doctors, told the court that the government had, in its replying affidavit, argued that there exists a mutual framework governing professional medical practice between Kenya and the DRC, which the Congolese government has allegedly failed to submit.
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Omari informed the court that diplomatic engagements are currently underway between the two countries to resolve the dispute amicably.
"I am instructed that there are diplomatic discussions between the two governments with a view to resolving this matter out of court," he said, urging the court to grant more time to allow the talks to progress.
"We pray for a further date so as to allow the two governments to engage and conclude the discussions," Omari added.
In the substantive judicial review application filed in Nairobi, the doctors are seeking orders to quash the decision declining to renew their licences and work permits, arguing that it has unlawfully stopped them from treating patients despite having practised in Kenya for years.
The applicants, all nationals of the DRC, 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, the renewal of their licences was 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.
They also raised the issue of reciprocity, questioning whether Kenya, which exports medical professionals to other countries, should impose barriers on foreign doctors practising locally.
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The doctors say the decision has rendered them jobless, exposed them to potential criminal liability for practising without valid licences, and left them unable to meet basic family obligations, despite holding valid employment contracts extending into 2026.
The court is expected to issue further directions once the status of the diplomatic negotiations is clarified.
