Congolese Medics Move To Court Over “Discriminatory” Block on Medical Licence Renewals.
A group of twenty-two Congolese doctors has taken the Kenyan government to court in an urgent bid to overturn a decision that has barred them from renewing their medical licences, a move they argue is discriminatory and threatens healthcare services.
The doctors, some of whom have practised in Kenya for over a decade, filed a judicial review application at the High Court in Nairobi on Monday, 12 January 2026, naming the Cabinet Secretary for Health and the Kenya Medical Practitioners and Dentists Council (KMPDC) as respondents.
The central issue is the alleged refusal by the Ministry of Health to issue crucial “Letters of No Objection,” which the KMPDC’s online portal now mandates before the doctors can renew their annual practice licences for 2026.
In a supporting affidavit, Dr Georges Maloba Banza, the lead applicant and president of the Congolese Medical Association in Kenya, stated that attempts to obtain these letters since October 2025 have been met with silence or outright denial. He attached a screenshot from the KMPDC portal informing him that his renewal was subject to obtaining the letter from the Health Cabinet Secretary’s office.
The legal action follows a formal demand letter sent by the doctors’ advocates, Danstan Omari & Associates, on 8 January, which cited a televised statement by the Cabinet Secretary for Health on 7 January about restricting foreign doctors’ practice. The doctors’ advocate, Danstan Omari, certified the court matter as “extremely urgent,” stating, “The Applicants…have been denied the right and chance to renew their practicing licenses, to allow them operate seamlessly in the country.” He warned that patients’ lives and the livelihoods of the doctors’ families were at stake.
A critical piece of evidence submitted is a letter from the Office of the Cabinet Secretary for Health, dated 5 January 2026, addressed to PCEA Kikuyu Hospital. In it, the Ministry grants a “no objection” for the licence renewal of an ophthalmologist from Finland, but denies the same for a Congolese and a Nigerian medical officer.
The letter advises the hospital to “consider the recruitment of qualified Kenyan medical officers to provide the required services.” The doctors argue this selective treatment is unlawful. Their court documents contend, “Our clients take serious exception to this position, noting that they are nationals of the Democratic Republic of Congo…which became a member state of the East African Community…As such, our clients are not foreigners within the meaning and spirit of the EAC legal framework.”
The case hinges significantly on the Democratic Republic of Congo’s accession to the East African Community in April 2022. The doctors assert that as nationals of an EAC partner state, they are entitled to the benefits of regional integration, including fair treatment regarding professional practice. They argue the government’s actions contradict the spirit of the EAC treaty.
Furthermore, they claim the decision was made arbitrarily without consulting their association and has caused them significant financial loss and distress, while also disrupting medical services. Dr Banza argued in his affidavit that granting the orders would cause no prejudice to the government but would “salvage the continued prejudice that the patients of the Applicants…are suffering.”
The court has been asked to issue orders quashing the Ministry’s decision, compelling the authorities to allow the licence renewals, and prohibiting them from further obstructing the process
