Congolese Doctors Sue Duale Over Licensing

More than 20 doctors from the Democratic Republic of Congo have filed an urgent case against Kenya’s Ministry of Health, alleging they were unlawfully denied renewal of their professional licences and work permits for 2026.

The petition, filed on 12 January, names Health Cabinet Secretary Aden Duale and challenges the Ministry’s decision to block the doctors from continuing to practise in Kenya. The practitioners, who have worked in the country for over a decade, argue that the refusal is arbitrary and discriminatory.

Through their lawyer, Danstan Omari, the doctors say the decision breaches East African Community (EAC) agreements that provide for mutual recognition of professional qualifications among member states. Omari argues that the Congolese medics fall within protections granted to EAC citizens and should not be treated as foreign workers.

He also points to recent public statements by CS Duale indicating that doctors from EAC countries would be exempt from restrictions targeting foreign health professionals. According to the petitioners, the Ministry’s actions are inconsistent with those assurances and contradict stated government policy.

The doctors further claim they have faced increasing barriers to licence renewal in recent years, including unusually high fees. Omari says some were charged up to KSh 500,000, compared with the standard renewal fee of KSh 20,000. The case seeks court orders stopping the Ministry and other agencies from enforcing what the doctors describe as unconstitutional and unlawful requirements.

The dispute follows a directive by CS Duale prioritising Kenyan-trained doctors in licensing and employment. The policy is supported by the Kenya Medical Practitioners and Dentists Union (KMPDU), which says private hospitals have been hiring foreign doctors at lower pay, disadvantaging Kenyan graduates.

While the directive was intended to strengthen the local health workforce, it included an exemption for practitioners from EAC member states. The Congolese doctors argue that their exclusion undermines this exemption and raises questions about Kenya’s compliance with its regional obligations.

In their filing, the doctors warn that the restrictions could disrupt medical services and place financial strain on their families. They also say the dispute risks weakening cooperation within the EAC if left unresolved.