The High Court has suspended the implementation of administrative decisions that sought to expand the scope of dental practice for non-dentists, pending the hearing and determination of a constitutional petition challenging the move.
The conservatory orders, issued on July 30, preserve the current legal framework until the court determines Constitutional Petition No. E499 of 2026.
The matter is scheduled for mention on Thursday, Oct. 8, for directions on submissions.
The petition was filed by Dr. Kahura Mundia, Dr. Arnold Malit and the Kenya Dental Association (KDA), who argue that the decisions were made outside the law and without following professional standards governing dental practice.
“At the heart of this case is one fundamental principle: patient safety must always come first,” said the Kenya Dental Association.
The association said the petition does not seek to undermine other oral health professionals but aims to ensure every practitioner works within the scope set by law and backed by the required education, training and competence.
“Every cadre within oral healthcare plays a vital role in delivering quality services to Kenyans. However, each professional must practise strictly within the scope prescribed by law, supported by the education, training and competencies required for the procedures they undertake,” said the association.
KDA argued that professional scopes of practice protect patients by defining accountability and maintaining standards of care. It said any changes should follow the law, rely on scientific evidence and involve meaningful stakeholder engagement.
The association also raised concerns that expanding professional mandates through administrative action could compromise patient safety, weaken accountability and reduce public confidence in the healthcare system.
The petition further asks the court to determine whether professional regulatory bodies can lawfully introduce such changes through administrative decisions or whether they must follow constitutional and statutory processes.
KDA said it would respect the ongoing court process and refrain from commenting on matters before the court.
It added that it remains committed to working with regulators, policymakers and other oral health professionals to strengthen oral healthcare through lawful and evidence-based reforms.
