The Pharmaceutical Society of Kenya (PSK) has forcefully denounced the unauthorized filming of former Deputy President Rigathi Gachagua at a pharmacy, sparking a nationwide reckoning regarding healthcare privacy laws.

The viral footage, capturing the political leader purchasing and consuming medication, has shattered the implicit trust between patients and healthcare providers across the country.

This incident is far more than a political spectacle; it is a profound crisis of medical ethics that demands immediate regulatory intervention. Why does this matter right now? In an era where smartphone cameras are ubiquitous, the sanctity of clinical environments must be fiercely shielded against the intrusion of digital voyeurism.

A Grave Violation of Patient Confidentiality

The PSK's swift and unequivocal response highlighted that confidentiality in healthcare is not an optional courtesy—it is a fundamental, legally binding obligation. Pharmacists are highly trained professionals who take an oath prioritizing patient welfare and absolute discretion.

According to PSK President Wairimu Mbogo, recording any client within a pharmacy setting without their explicit, prior consent constitutes a severe breach of dignity. The society emphasized that every Kenyan, regardless of their public standing, is entitled to comprehensive privacy while receiving medical care.

The Legal Fallout and the Data Protection Act

Legal analysts are warning of severe repercussions for the facility involved. The breach triggers multiple high-stakes violations under Kenya's Data Protection Act (DPA), 2019. Health status information is legally classified as "Sensitive Personal Data," requiring the highest standard of care.

• Processing Sensitive Data: Recording an individual's medical interaction captures their health status. Processing this without Mr. Gachagua's consent is a direct violation of Section 44.
• Duty of Professional Secrecy: Section 45 mandates that health data only be handled by professionals bound by secrecy. If pharmacy staff facilitated or ignored the recording, they face statutory penalties.
• Purpose Limitation: The pharmacy operates as a "Data Controller" and failed to ensure security, allowing medical information to be utilized for public broadcast.

The Impending Regulatory Action

Due diligence is currently underway to ascertain the specific identity and licensing status of both the pharmacy outlet and the professionals present during the incident. The PSK has committed to establishing the facts and determining whether sweeping regulatory action is warranted.

The Kenyan public has largely rallied behind the PSK's stance. Social media commentary heavily criticized the recording as a betrayal of professionalism, noting that such actions erode the trust the public places in the medical sector. If individuals fear exposure, they may avoid seeking necessary medical treatment.

"This incident underscores the critical importance of ensuring that pharmacy outlets operate under the supervision of qualified and licensed professionals who understand and uphold ethical standards," the PSK declared, laying down a strict marker for the future of Kenyan healthcare.