High Court suspends KMPDC decisions expanding scope of practice for non-dentists

The High Court has issued conservatory orders suspending the implementation and enforcement of decisions by the Kenya Medical Practitioners and Dentists Council (KMPDC) that sought to expand the scope of practice for non-dentists.

The orders will remain in force pending the hearing and determination of a petition filed by the Kenya Dental Association (KDA), alongside Dr Kahura Mundia and Dr Arnold Malit.

In a statement announcing the court's decision, the KDA said the stay orders were granted "to suspend the illegal expansion of scope of practice for non-dentists" pending the hearing of the petition.

According to the association, the petition challenges what it terms "illegal and irregular decisions" by the KMPDC to administratively expand the scope of practice for non-dentists without regard to established legal requirements and professional dentistry practice standards.

"The petition challenges illegal and irregular decisions to administratively expand scope of practice without any regard to expected legality and in violation of dentistry practice standards," the KDA said.

The association said the conservatory orders were issued "in the interest of public safety and maintenance of professional standards," arguing that the disputed decisions could undermine the quality of dental care and patient protection if allowed to take effect before the case is determined.

The KDA further said the legal action seeks to protect patient rights from "quackery, medical and dental malpractice and negligence."

The petitioners had sought, among other reliefs, orders suspending the implementation and enforcement of the impugned administrative decisions until the court hears and determines the matter.

The matter is scheduled for mention on October 8, 2026, when parties will highlight their submissions before the court proceeds to determine the petition challenging the administrative actions.

The association maintains that the case is aimed at upholding professional standards, protecting public health and patient rights, and ensuring the rule of law governs the regulation of dental practice in Kenya.