A Kenyan political aspirant has formally complained to the Office of the Data Protection Commissioner over the alleged unlawful sharing of his personal immigration information with the Directorate of Criminal Investigations.
Francis Gaitho, who is seeking election in Thika Town Constituency, wrote to Data Protection Commissioner Immaculate Kassait on 19 October 2026.
In the letter he accused officers of the Department of Immigration Services of improperly disclosing details about his movements to the DCI.
According to Gaitho, officers from the DCI, acting under the direction of Michael Sang, Head of Special Crimes, entered his home on 22 October 2024 and took him away.
The following day he appeared before a magistrate at Milimani Law Courts.
The court ordered the confiscation of his passport after hearing evidence from Corporal Abdirahman of the Office of the Director of Public Prosecutions.
Gaitho stated that the corporal told the court he had been in telephone contact with an immigration officer who had been monitoring his movements at Jomo Kenyatta International Airport.
He argued that the role of immigration officers is limited to managing entry and exit procedures and related functions.
It does not, he said, extend to watching critics or political opponents, or to passing movement information to the DCI or the ODPP in ways that could support abductions or the restriction of free speech.
The letter claims that the sharing of this information amounted to unlawful processing of personal data under the Data Protection Act of 2019 and constituted an abuse of public office.
Gaitho asked the commissioner to investigate the Department of Immigration Services and to take action against any immigration officer who was on duty at the airport on 23 October 2024 and who took part in monitoring or disclosing his movements.
He offered to provide further information or documents to assist the inquiry. The complaint was also copied to the Immigration Department and its leadership.
The Office of the Data Protection Commissioner responded publicly the same day. It noted the concerns raised and explained that formal investigations begin only after a complaint is lodged through the official channels.
The office directed Gaitho to submit his case via its online portal or in person at its offices in Britam Tower, Upper Hill, so that the matter could be properly recorded and processed.
The complaint forms part of ongoing public discussion about the handling of personal data by state agencies in Kenya.
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