An Egyptian medical technology company has moved to challenge a court order to suspend radiology services in Kenya following concerns over the use of artificial intelligence (AI) and telemedicine.
Rology Medical Kenya has filed an urgent application seeking an order to prevent it from implementing a judgment suspending its operations pending compliance with Kenya’s health and data protection laws.
The application has been certified as urgent and is due for direction on June 24, intensifying a debate that could shape the regulation of digital healthcare, telemedicine and patient data transfer.
The move comes days after a court in Nairobi ordered an immediate suspension of the company’s operations because regulators failed to ensure the company complied with medical licensing and data protection requirements before providing radiology services in Kenya.
The court also directed the Ministry of Health and the Kenya Medical and Dental Council (KMPDC) to revoke licenses, licenses and approvals issued to the company in relation to the handling, storage and processing of patient health records through digital platforms.
The lawsuit was brought by officials from the Kenya Association of Radiologists, who argued that the company’s model exposes patients to privacy risks and undermines professional oversight of medical services.
At the heart of the dispute is Rology’s platform, which connects hospitals with radiologists from around the world to interpret medical images and send reports back to local medical facilities.
The company told the court that the platform was designed to address the shortage of radiologists and improve access to specialized diagnostic services, particularly in underserved areas.
Rology said in a statement on Sunday that key facts about the company’s operating model, licensing arrangements, clinical governance structure, patient safety systems and data protection measures were not properly presented in court.
“Rology strongly believes that material facts regarding Rology Kenya’s operating model, licensing arrangements, clinical governance, data protection measures, and patient safety processes were not adequately presented to the court,” the company said in seeking reinstatement of its operating license.
“We look forward to the court ruling in our favor and allowing us to continue seamlessly providing critical support to our patients,” the company said in a statement.
Rology said it has worked with hospitals across Kenya to reduce reporting backlogs, reduce pressure on radiologists and reduce turnaround times for diagnostic reports.
The company previously told the court it supports more than 60,000 patients and works with about 40 public health facilities.
It also denied claims that artificial intelligence generated the diagnosis without human oversight.
In court filings, the company said its platform matched medical images uploaded by hospitals with qualified radiologists, and the reports were reviewed and verified by a Kenyan licensed radiologist before publication. However, the petitioners argued that radiology images and patient information were being transferred outside Kenya without proper disclosure to patients.
They argued that patients were not informed about the identity, qualifications, and location of the professionals preparing the reports, and that this arrangement raised privacy, consumer protection, and professional liability concerns.
In its decision, the court determined that the issues raised in this case go beyond administrative compliance and touch on constitutional rights related to privacy, health care, and consumer protection.
The judge found that the regulator had failed to adequately address concerns about whether the company was properly registered and licensed to provide medical services in Kenya.
The court stated that the registration requirement is not just a procedural step, but a safeguard designed to protect patients and ensure accountability in health care delivery.
The ruling comes as Kenya expands its use of digital health technology to fill a shortage of specialized health workers, especially outside large cities.
