Health Record Rights Index · country brief · this country's data as of October 2, 2026

Who holds the health record in Kenya?

In 2026, Kenya scores 49 out of 100 for how much say a person has over their own health record. It is tied for 53rd of 198 countries and territories, and could rank anywhere from 43rd to 74th allowing for scoring error, in the Mixed band (45 to 64). Who holds the keys: you and the health system. Source: Health Record Rights Index, SuperTruth, this country's data as of October 2, 2026.

The person has real controls inside a government or provider system. Its strongest right, compared with the typical country, is rules for AI in your care (48 out of 100, against 30 for the typical country). No right falls below the typical country; the closest to it is your say over research use (50 out of 100, against 46 for the typical country).

Kenya's rules promise patients a national record with alerts, logs and consent, but the live system is young, claims-driven and leaky.

Published · updated · this country's data as of October 2, 2026 · research tool, not legal advice

overall score · Mixed band, 45 to 64
49/100
rank among 198 countries and territories; likely 43rd to 74th, allowing for scoring error
Tied for 53rd
confidence in our evidence
Low
strength of our evidence (DTI™)
88/100 (Gold)

Low confidence. Thin evidence on 5 of the 8 rights: your copy, who sees it, joined-up record, doctors see it and AI rules. The evidence grade rates all our sources together; confidence looks at each right. Neither changes the score.

Questions people ask

Can I see my health record in Kenya?

In 2026, getting your full record scores 55 out of 100 in Kenya; the typical country scores 40 to 45. The 2021 data protection rules make a copy free and due within 7 days, and the Digital Health Agency runs a national portal, Afyangu, showing visits, prescriptions and results. Source: Kenya Law, January 14, 2022, and the other sources below.

Who controls health records in Kenya?

In 2026, you and the health system hold the keys to your health record in Kenya. Control over who sees it scores 44 out of 100 in Kenya; the typical country scores 30. Every visit is copied to a national Shared Health Record, but the rules require client authorisation, an alert on each look-up and an access log. A May 2026 fake entry posted with no alert shows these controls are not yet reliable. Source: Kenya Law, April 11, 2025, and the other sources below.

How does Kenya compare?

In 2026, Kenya scores 49 out of 100, against 39 for the typical country. This brief compares it with Rwanda (44 out of 100), Eswatini (43 out of 100) and Seychelles (43 out of 100). Source: the ranking of all 198 countries and territories.

Eight rights, compared with Rwanda, Eswatini, Seychelles and the typical country

Scores out of 100, by right
Getting your full record20%5550 · 40 · 40
Control over who sees it20%4430 · 35 · 42
Privacy and security15%5552 · 55 · 45
One record across your care15%4546 · 50 · 52
Protection from sale and ads10%5250 · 42 · 40
Doctors see it when treating you10%4234 · 45 · 50
Your say over research use5%5050 · 46 · 46
Rules for AI in your care5%4855 · 25 · 20

Black dot: Kenya. Hollow dots: Rwanda, Eswatini, Seychelles (scores out of 100 on the right, same order). Gray line: the typical country of all 198. Overall: Kenya 49 out of 100. Scores move in steps of about 5 points, so read a rank with its likely range.

What would Kenya need to change to score higher?

Kenya sits in Mixed (45 to 64); Strong starts at 65. Every right is at or above the typical country. The two with the most room to grow, weighted by how much each counts, are control over who sees it (44 out of 100, against 30 for the typical country) and getting your full record (55 out of 100, against 40 to 45 for the typical country). Our scoring rules give more points for:

  • Control over who sees it: A way to say no to sharing (or to be asked first), a log you can read of who opened your record, and finer choices about who sees what. Together these put this right at 60 to 80 out of 100.
  • Getting your full record: A national portal that shows most people at least part of their record (a summary, prescriptions, lab results) puts this right at 60 to 75 out of 100. A near-full record that you can download, with a long history and used by most people, puts it at 76 to 90.

Which laws give health record rights in Kenya?

  • Data Protection Act No. 24 of 2019: Health is sensitive data; access and portability rights; 72-hour breach notice; express consent for commercial use.
  • Data Protection (General) Regulations 2021: Free access within 7 days; no direct marketing with sensitive data; health care processing kept in Kenya.
  • Digital Health Act No. 15 of 2023: Creates Digital Health Agency and integrated system; right to a copy; consent withdrawal; offences up to 15 years.

Doctors, waits and private care context, not part of the score

Doctors per 10,000
2.6 2024
Nurses and midwives per 10,000
12.1 2024
Private insurance + out-of-pocket
34.1% 2023
Record reaches private care?
unknown

Real cases

  • December 16, 2025 · Office of the Data Protection Commissioner (Kenya) · archived copy Regulator finds hospital had no way for patients to see or correct records
  • December 2024 · Office of the Data Protection Commissioner (Kenya) · archived copy Regulator finds weak access controls at a nursing home led to data breaches

Compare Kenya

Cite this brief

In 2026, Kenya scored 49 out of 100 for how much say a person has over their own health record, tied for 53rd of 198 countries and territories (could be 43rd to 74th), in the Mixed band. Who holds the keys: you and the health system. Source: Health Record Rights Index, SuperTruth, this country's data as of October 2, 2026, https://healthrecordrights.com/brief/kenya/

The 19 sources for Kenya

Each source appears once, under the first right it supports. Titles are shown as our research agents recorded them, usually in the page's own language; text in square brackets is our machine translation. Links were checked on the date shown.

Getting your full record (4 sources)

  1. “Data Protection (General) Regulations 2021, Legal Notice 263”

    Kenya Law (law or regulation) · Title in English

    Dated January 14, 2022 · Link checked October 3, 2026 (opened)

    Used for: Getting your full record; Protection from sale and ads

    https://new.kenyalaw.org/akn/ke/act/ln/2021/263/eng@2022-01-14

  2. “Digital Health Act No. 15 of 2023”

    Digital Health Agency (law or regulation) · Title in English

    Dated 2023 · Link checked October 2, 2026 (opened)

    Used for: Getting your full record; Doctors see it when treating you

    https://nhts.dha.go.ke/api/file-download/?filename=Digital Health Act 15 of 2023.pdf

  3. “Digital Health (Health Information Management Procedures) Regulations 2025, Legal Notice 76”

    Kenya Law (law or regulation) · Title in English

    Dated April 11, 2025 · Link checked October 3, 2026 (opened)

    Used for: Getting your full record; Control over who sees it; Protection from sale and ads; Doctors see it when treating you; Your say over research use

    https://new.kenyalaw.org/akn/ke/act/ln/2025/76/eng@2025-04-11

  4. “National Shared Health Record”

    Digital Health Agency (government guidance) · Title in English

    No date recorded · Link checked October 2, 2026 (opened)

    Used for: Getting your full record; One record across your care

    https://p360-preauth-lookup.dha.go.ke/

Control over who sees it (3 sources)

  1. “Digital Health (Data Exchange Component) Regulations 2025, Legal Notice 77”

    Kenya Law (law or regulation) · Title in English

    Dated April 11, 2025 · Link checked October 3, 2026 (opened)

    Used for: Control over who sees it; One record across your care; Doctors see it when treating you

    https://new.kenyalaw.org/akn/ke/act/ln/2025/77/eng@2025-04-11

  2. “Afyangu app listing by the Digital Health Agency”

    Google Play (government guidance) · Title in English

    Dated September 9, 2026 · Link checked October 2, 2026 (opened)

    Used for: Control over who sees it

    https://play.google.com/store/apps/details?id=ke.go.dha.afyangu&hl=en

  3. “SHA patient data safety questioned after Nairobi man's records show treatment in Garissa”

    Citizen Digital (news) · Title in English

    Dated May 9, 2026 · Link checked October 2, 2026 (opened)

    Used for: Control over who sees it

    https://citizen.digital/article/sha-patient-data-safety-questioned-after-nairobi-mans-records-show-treatment-in-garissa-n382392

Privacy and security (4 sources)

  1. “Data Protection Act No. 24 of 2019”

    Kenya Law (law or regulation) · Title in English

    Dated December 31, 2022 · Link checked October 3, 2026 (opened)

    Used for: Privacy and security; Protection from sale and ads; Your say over research use; Rules for AI in your care

    https://new.kenyalaw.org/akn/ke/act/2019/24/eng@2022-12-31

  2. “ODPC determination, Merceline v St. Luke Orthopaedic and Trauma Hospital”

    odpc.go.ke (regulator) · Title in English

    Dated March 16, 2026 · Link checked October 2, 2026 (opened)

    Used for: Privacy and security

    https://www.odpc.go.ke/wp-content/uploads/2026/04/MERCELINE-VS-ST.-LUKE.pdf

  3. “Govt cleared to proceed with Kenya-US Health Cooperation Framework”

    Kenyans.co.ke (news) · Title in English

    Dated May 13, 2026 · Link checked October 2, 2026 (opened)

    Used for: Privacy and security

    https://www.kenyans.co.ke/news/123350-govt-cleared-proceed-ksh322-billion-kenya-us-health-cooperation-framework

  4. “Adequacy decisions”

    European Commission (international body) · Title in English

    No date recorded · Link checked October 2, 2026 (opened)

    Used for: Privacy and security

    https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en

One record across your care (2 sources)

  1. “SHA makes accredited HMIS mandatory for all healthcare providers”

    Kenyans.co.ke (news) · Title in English

    Dated June 30, 2026 · Link checked October 2, 2026 (opened)

    Used for: One record across your care

    https://www.kenyans.co.ke/news/124812-sha-makes-accredited-hmis-mandatory-all-healthcare-providers

  2. “SHA rolls out Taifa Care HMIS for Level 4 public hospitals”

    The Star (news) · Title in English

    Dated July 1, 2026 · Link checked October 2, 2026 (opened)

    Used for: One record across your care

    https://www.the-star.co.ke/news/2026-07-01-sha-shifts-level-4-public-hospitals-to-taifa-care-hmis

Protection from sale and ads (1 source)

  1. “ODPC Guidance Note on the Processing of Health Data”

    odpc.go.ke (regulator) · Title in English

    Dated December 2023 · Link checked October 2, 2026 (opened)

    Used for: Protection from sale and ads

    https://www.odpc.go.ke/wp-content/uploads/2024/02/ODPC-Guidance-Note-on-Processing-of-Health-Data.pdf

Doctors see it when treating you (1 source)

  1. “Digitising Care: How Kenya's Afya Yangu platform is shaping the road to UHC”

    Talk Africa (news) · Title in English

    Dated December 4, 2025 · Link checked October 2, 2026 (opened)

    Used for: Doctors see it when treating you

    https://www.talkafrica.co.ke/digitising-care-how-kenyas-afya-yangu-platform-is-shaping-the-road-to-universal-health-coverage/

Your say over research use (1 source)

  1. “ODPC Guidance Notes: Processing for Research Purposes”

    odpc.go.ke (regulator) · Title in English

    Dated 2025 · Link checked October 2, 2026 (opened)

    Used for: Your say over research use

    https://www.odpc.go.ke/wp-content/uploads/2025/11/ODPC-–-GUIDANCE-NOTES-Processing-for-Research-Purpose.pdf

Rules for AI in your care (3 sources)

  1. “Guideline on Regulation of Medical Device Software in Kenya”

    Pharmacy and Poisons Board (regulator) · Title in English

    Dated February 2026 · Link checked October 2, 2026 (opened)

    Used for: Rules for AI in your care

    https://web.pharmacyboardkenya.org/download/guideline-on-regulation-of-medical-device-software-in-kenya-mdsw/

  2. “Kenya tightens oversight of medical device software”

    Health Business (news) · Title in English

    Dated April 16, 2026 · Link checked October 2, 2026 (opened)

    Used for: Rules for AI in your care

    https://healthbusiness.co.ke/10137/kenya-tightens-oversight-of-medical-device-software/

  3. “The Artificial Intelligence Bill, Senate Bill No. 4 of 2026”

    Mzalendo Bill Tracker (other) · Title in English

    Dated August 10, 2026 · Link checked October 2, 2026 (opened)

    Used for: Rules for AI in your care

    https://mzalendo.com/legislative-trends/bills/senate/560/

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OECD: Organisation for Economic Co-operation and Development (38 mostly high-income countries). DTI™: the Data Trust Index, which grades the evidence behind each score. SuperTruth makes it and publishes this index. Everything here comes from public information: laws, government and regulator pages, court decisions, published news, WHO, OECD and World Bank data. Full sources: https://healthrecordrights.com/brief/kenya/#sources. SuperTruth built this index and sells health data verification products; no one paid to be included. Research tool, not legal advice. Our scores and our own words are CC BY 4.0; quoted law and source titles stay with their owners.