Congolese doctors in Kenya have filed a lawsuit challenging Health Cabinet Secretary Aden Duale's decision not to renew their practicing licenses.
The foreigners argue that the move is discriminatory and unconstitutional, unfairly singling out medical practitioners from the Democratic Republic of Congo (DRC) despite the country's membership in the East African Community (EAC).
The group of Congolese doctors contends that the refusal to renew their licenses treats them as foreigners within the regional bloc, contradicting the principles of regional integration and the free movement of labor enshrined in EAC protocols.
According to medical practitioners, they have been operating lawfully in Kenya and have fulfilled all professional and regulatory requirements set by the relevant authorities.
The doctors claim that the decision violates both the EAC protocols on the free movement of professionals and Kenya's constitutional provisions, which guarantee equality and non-discrimination.
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They are seeking court orders compelling the Ministry of Health to renew their licenses and halt what they describe as discriminatory administrative actions targeting Congolese medical practitioners.
The lawsuit comes in the wake of a policy shift announced by CS Duale restricting the practice of foreign doctors in Kenya.
Speaking during a press conference on Wednesday, January 7, Duale declared that only foreign doctors with specialized skills unavailable locally and from within the EAC will be permitted to practice in the country.
The Health CS stated that the government will no longer renew licenses for foreign doctors working as general practitioners, including medical officers, dentists, and other basic cadres.
"We are not renewing the licences of foreign doctors. Those from within the East African Community are not affected, but even then, we will only allow specialists whose skills are not found in our country," Duale explained.
Duale justified the policy change as necessary to protect employment opportunities for thousands of unemployed Kenyan medical professionals and ensure that public investment in medical training benefits local practitioners first.
Since the January license renewal period began, Duale revealed that he has personally rejected more than 200 renewal applications from foreign doctors.
