Congolese Doctors sue Health ministry over licence renewal freeze

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Congolese doctors practicing in Kenya have filed a court case challenging the Ministry of Health’s refusal to issue Letters of Non-Objection.

The decision has blocked the renewal of their professional licences and work permits for 2026.

The doctors filed an Originating Motion and a Certificate of Urgency at Milimani Law Courts, claiming the Ministry acted arbitrarily and violated Kenya’s obligations under the East African Community (EAC).

A group of Doctors together with counsel Danstan Omari during a press briefing outside Milimani law courts on January 12,2026.

The applicants are seeking three court orders. First, certiorari to quash the Ministry’s decision dated January 7, 2026.

Second, mandamus to compel the Ministry to issue the Letters of Non-Objection to enable licence and permit renewal.

Third, prohibition to stop the Ministry from imposing further administrative barriers on foreign medical practitioners.

Court documents state that the decision contravenes EAC protocols on the free movement of professionals.

The Democratic Republic of Congo became a full member of the regional bloc in 2022, and the applicants argue that Congolese doctors should receive equal treatment in all EAC member states, including Kenya.

The doctors further say the decision was abrupt and made without consultation.

Many have lawfully practiced in Kenya for between five and ten years, largely in underserved and hard-to-reach areas.

“The removal of the applicants will result in a forced interruption of essential medical services,” the court documents state.

A letter dated January 5, 2026, annexed to the court filings, shows the Ministry granting a Letter of Non-Objection to a doctor from Finland, while rejecting similar requests from doctors from Congo and Nigeria.

The applicants argue that this selective treatment violates constitutional principles of equality and undermines Kenya’s commitments to regional integration under the EAC framework.

The suit, filed by Dr. Georges Maloba Banza, names the Cabinet Secretary for Health and the Ministry of Health as respondents.

Several institutions are named as interested parties, including the KMPDC, the EAC State Department, the Ministry of Foreign Affairs, and the DRC Embassy where the matter is certified as urgent.

The doctors warn that continued refusal to issue the letters could leave health facilities understaffed and disrupt patient care across Kenya.

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