A group of Congolese doctors has filed a lawsuit against Kenya’s medical regulators after being denied practising licences, in a case that has reignited debate over foreign-trained professionals, labour mobility and regulatory standards in East Africa.
The doctors, trained in the Democratic Republic of Congo (DRC) and some other francophone countries, argue that the decision by Kenya’s Medical Practitioners and Dentists Council (KMPDC) to block or revoke their licences is discriminatory and unlawful. They say it threatens their livelihoods and undermines access to healthcare in underserved parts of the country.
According to court filings seen by local media, the doctors are seeking orders compelling the regulator to recognise their qualifications and issue practising licences, or to subject them to fair, transparent and non-discriminatory assessment processes. They also want the court to suspend enforcement actions that bar them from working while the case is heard.
Kenya’s regulator maintains that it is acting within the law to protect patients and uphold professional standards. Officials argue that medical training systems differ widely across countries and that all foreign-trained doctors must meet Kenya’s regulatory requirements, including verification of credentials, internship equivalence and, in some cases, qualifying examinations.
The dispute comes against the backdrop of Kenya’s persistent shortage of medical professionals, particularly in rural and marginalised regions. Despite producing thousands of graduates annually, the country continues to rely on foreign-trained doctors to fill gaps in public and private health facilities.
Lawyers representing the Congolese doctors say their clients complied with all application requirements, including submission of academic transcripts, proof of internship and letters of good standing from their home regulators. They argue that the blanket refusal to license them, or the imposition of what they describe as unclear and shifting conditions, violates Kenya’s constitution and regional labour agreements.
“The decision is arbitrary and lacks due process,” one of the lawyers was quoted as saying. “Our clients are qualified professionals who have served patients competently, some of them for years, only to be suddenly locked out of the system.”
Some of the affected doctors say they had already secured employment or were working in hospitals before the licensing dispute escalated. They claim that abrupt enforcement actions forced facilities to terminate their contracts, disrupting patient care and leaving doctors without income.
Kenyan medical authorities counter that public safety must take precedence over workforce shortages. The KMPDC has previously said that it has a duty to ensure that all practitioners meet national standards, regardless of where they were trained. It has also pointed to cases in which unlicensed practice posed risks to patients.
The case has attracted attention from professional associations and civil society groups, some of which have called for clearer, harmonised rules for recognising foreign medical qualifications within the East African Community (EAC). Although Kenya is part of regional frameworks promoting labour mobility, professional regulation remains largely national.
Health policy experts say the lawsuit highlights broader tensions between regulation and access to care. “Kenya needs robust standards, but it also needs doctors,” said a Nairobi-based health economist. “The challenge is to strike a balance that protects patients without creating unnecessary barriers for qualified professionals.”
The court is expected to consider whether the regulator followed fair administrative procedures and whether its actions align with constitutional protections against discrimination and arbitrary decision-making. A ruling in favour of the doctors could force changes in how Kenya assesses foreign-trained medics, while a decision backing the regulator would reinforce its authority to set and enforce strict licensing rules.
For now, the Congolese doctors say they hope the case will bring clarity and fairness, not only for them but for other foreign professionals seeking to work in Kenya’s health sector.
