High Court Halts Controversial Plan Allowing Non-Dentists to Perform Dental Procedures
The High Court has temporarily suspended the implementation of controversial regulations that sought to expand the scope of dental practice to non-dentists, handing a significant victory to the Kenya Dental Association (KDA) in a dispute that has sparked concerns over patient safety and professional standards.
In conservatory orders issued pending the determination of a constitutional petition, the court directed that the implementation and enforcement of the contested administrative decisions be halted, effectively preserving the status quo until Constitutional Petition No. E499 of 2026 is heard and determined.
The petition was filed by the Kenya Dental Association (KDA) together with Dr Kahura Mundia and Dr Arnold Malit, who argue that the changes were introduced outside the legal framework governing dental practice and without following the procedures required under Kenyan law.
KDA welcomes court intervention
Reacting to the ruling on Wednesday, the association welcomed the High Court’s decision, describing it as an important step towards protecting patients while allowing the court to determine the legality of the disputed guidelines.
“The conservatory orders ensure that no further implementation of the contested scope of practice will take place until the legal questions raised in the petition are fully heard and determined,” the association said.
According to KDA, the case is not merely a professional dispute but one centred on safeguarding patient welfare and maintaining high standards in oral healthcare.
The association acknowledged the vital role played by all oral health professionals but insisted that each cadre must only perform duties permitted under the law and supported by the necessary education, training and professional competencies.
“Professional scopes of practice exist to protect patients by clearly defining accountability and ensuring treatment is provided by appropriately trained and regulated professionals,” KDA stated.
Patient safety at the centre of dispute
The association further argued that any expansion of professional mandates should only occur through lawful legislative processes, scientific evidence and meaningful stakeholder engagement rather than administrative directives.
It warned that broadening the responsibilities of non-dentists without following the existing legal framework could expose patients to avoidable risks and undermine public confidence in Kenya’s healthcare system.
At the centre of the dispute is a new scope of practice issued by the Kenya Medical Practitioners and Dentists Council (KMPDC), which KDA says permits Community Oral Health Officers holding Bachelor of Science degrees to undertake procedures traditionally reserved for licensed dentists.
Among the procedures listed under the contested guidelines are non-surgical tooth extractions, dental fillings and restorations, selected orthodontic procedures, root canal treatments and denture assessments.
Protests before court action
The legal battle follows weeks of escalating tensions between the dental profession and the regulator.
Last month, KDA demanded the immediate withdrawal of the new guidelines and staged demonstrations outside KMPDC offices in Nairobi, arguing that allowing non-dentists to carry out specialised dental procedures could expose patients to unsafe and inadequately regulated treatment.
The association also warned that it would pursue legal action should the regulator fail to revoke the publication—a threat that culminated in the filing of the constitutional petition.
The matter will return before the High Court on October 8, 2026, when the court is expected to issue directions on the filing of submissions ahead of the hearing of the petition.
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