A group of foreign medical professionals has filed a lawsuit against the Kenyan government, seeking to block a new directive that has abruptly halted the renewal of their practicing licenses.
The petitioners, all citizens of the Democratic Republic of Congo (DRC), have been practicing in Kenya for over a decade. This week, they filed a judicial review application at the High Court, aiming to overturn a Ministry of Health policy that effectively freezes their work permits and licenses for 2026.
The legal battle centers on a recent shift in government policy. Under the new Ministry of Health directive, routine license renewals for foreign doctors are being discontinued unless the physician possesses a specialty that cannot be filled by a Kenyan national.
The doctors, represented by lawyer Danstan Omari, argue that these new requirements were implemented without:
- Prior formal notice or consultation.
- A written justification for the sudden change.
- A clear transition plan for those currently holding senior roles and valid hospital contracts.
One of the affected physicians expressed the group’s frustration, stating that they have made numerous appeals to various government offices to be recognized as part of the broader East African community.
A significant part of the legal challenge rests on the DRC’s admission into the East African Community (EAC) in 2022. The doctors contend that as citizens of a partner state, they are entitled to:
- Non-discriminatory treatment in the labor market.
- Mutual recognition of their professional qualifications.
- The right to work within the bloc under established EAC protocols.
Conversely, the Kenyan government maintains that the freeze is a “corrective measure.” Officials argue that for too long, the country has relied on expatriate talent for medical roles that can now be performed by locally trained doctors. The policy aims to ensure that foreign professionals complement the domestic workforce rather than replace it, prioritizing national workforce planning.
The doctors warn that the immediate enforcement of the freeze is already disrupting healthcare services. Experienced clinicians are being forced to step away from surgeries and administrative duties, adding pressure to an already strained healthcare system.
The High Court has been asked to treat the matter with urgency. The final ruling will likely set a major precedent: it will either limit the power of ministerial discretion in professional regulation or signal a shift toward stricter protectionist labor policies in Kenya, potentially impacting regional labor mobility.