KMA condemns politicians, public figures over live streams in hospitals

The Kenya Medical Association (KMA) has strongly condemned what it termed as the growing trend of politicians, public figures and members of the public staging photography sessions, live broadcasts and media events inside healthcare facilities for political gain and personal promotion.

The doctors’ umbrella body, in a statement signed by Secretary General Dr. Lyndah Kemunto on Friday, said filming or photographing patients in wards, corridors and other patient-facing areas amounts to a serious violation of privacy, dignity and confidentiality.

KMA said the actions violate several legal and ethical frameworks, including Articles 28 and 31 of the Constitution, which guarantee the right to dignity and privacy.

“Such actions are neither advocacy nor service; they are exploitative practices that undermine the rights to privacy, confidentiality, and respectful care,” Dr. Kemunto noted in the statement.

“The Health Act, 2017, further establishes statutory rights to privacy, confidentiality, and dignified treatment."

The association underscored that medical workspaces should be respected and accorded dignity, warning that vulnerable patients, particularly those in public hospitals, are often unaware of their rights and therefore exposed to exploitation.

It pointed to the Data Protection Act, 2019, which classifies health data as sensitive personal information, saying recording or broadcasting patients without explicit informed consent is actionable by the Office of the Data Protection Commissioner (ODPC).

The association also cited the Kenya Medical Practitioners and Dentists Council (KMPDC) Code of Professional Conduct and the World Medical Association Declaration of Geneva, saying both uphold patient dignity and insist that the patient-physician relationship must remain free from political interference.

KMA thus appealed to the relevant agencies, including the ODPC and the KMPDC to investigate incidents already in the public domain and publish enforcement guidance specific to patient data in healthcare settings, after which it should take stern action against those found culpable.

It also wants politicians and public figures to “immediately cease all media events, photo opportunities, and live streams inside clinical and patient-facing areas of any health facility.”

"The KMPDC must issue a formal directive clarifying that facilitating political filming in clinical settings constitutes professional misconduct, and must investigate reported incidents," stated the KMA SG.

"The ODPC must investigate incidents in the public domain and publish enforcement guidance specific to patient data in healthcare settings."

The association further called on health facility administrators to enforce strict no-filming policies and ensure informed consent is obtained before any photography involving patients is conducted.

It also urged the KMPDC to issue a formal directive clarifying that facilitating political filming in clinical settings constitutes professional misconduct and to investigate reported incidents.

The doctors’ body further urged national and county governments to enact laws criminalising the filming or broadcasting of patients without documented informed consent.

“To the Kenyan healthcare practitioner: you have both the right and the duty to protect your patients from violations of privacy, dignity, and political intrusion,” the statement added.

The remarks come days after uproar over a TikTok live session by newly-appointed Mama Lucy Kibaki Hospital board member Calvince Gaucho, who was filmed moving through hospital wards while streaming patients and hospital activities in real time.

The widely-circulated livestream sparked outrage online, with Kenyans, health activists and legal experts raising concerns over patient privacy, confidentiality and the legality of filming patients without consent.

At the time, critics argued that the incident violated the Constitution, the Data Protection Act and the Health Act, all of which protect patient privacy and confidential medical information.