The High Court has suspended the implementation of new regulations that sought to expand the scope of dental practice for non-dentists, pending the hearing and determination of a constitutional petition challenging the changes.
In its conservatory orders, the court stopped the implementation and enforcement of the disputed administrative decisions, preserving the current legal position 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. The petitioners argue that the changes were introduced outside the legal framework governing dental practice and without complying with established professional standards.
Welcoming the court's decision on Wednesday, the association said the orders prevent any further implementation of the disputed scope of practice until the legal issues raised in the petition are fully determined.
KDA maintains that the case is fundamentally about protecting patient safety. While recognising the important role played by all oral health professionals, the association insists that each cadre should only carry out duties permitted under the law and supported by the appropriate education, training and professional competence.
According to the association, clearly defined scopes of practice exist to safeguard patients by ensuring accountability and guaranteeing that treatment is provided by properly trained and regulated professionals.
KDA further argues that any changes to professional responsibilities should only be introduced through lawful procedures, supported by scientific evidence and developed through meaningful stakeholder consultation rather than administrative decisions.
The association has also warned that expanding the responsibilities of non-dentists without following the existing legal framework could put patients at risk and weaken public confidence in Kenya's healthcare system.
The dispute centres on a new scope of practice issued by the Kenya Medical Practitioners and Dentists Council (KMPDC), which KDA says allows Community Oral Health Officers with Bachelor of Science degrees to perform procedures that have traditionally been reserved for licensed dentists.
Among the procedures covered by the disputed guidelines are non-surgical tooth extractions, dental fillings, restorations, selected orthodontic procedures, root canal treatments and denture assessments.
Last month, KDA called for the immediate withdrawal of the guidelines and staged demonstrations outside KMPDC offices in Nairobi. The association argued that allowing non-dentists to perform specialised dental procedures could expose patients to unsafe and insufficiently regulated treatment.
KDA also warned that it would pursue legal action if the guidelines were not withdrawn.
The case is scheduled to return to the High Court on October 8, 2026, when the court is expected to issue directions on the filing of submissions before the matter proceeds.