President William Ruto has nominated Lydia Sitienei Chelagat as Kenya’s Data Commissioner, and the National Assembly must approve the appointment.
Government Spokesperson Charles Owino announced the nomination in a press release on Monday, 9 November 2026.
Chelagat is Director of Legal Services and Corporation Secretary at the Communications Authority of Kenya. She would take over from Immaculate Kassait, Kenya’s first Data Commissioner, whose single term of six years has ended.
Kassait’s term ends after six years of building the regulator
Kassait was appointed in November 2020, after the Data Protection Act, 2019 created the Office of the Data Protection Commissioner (ODPC). The law limits the Data Commissioner to one term with no reappointment. Khusoko has followed the law since its public hearings.
When Kassait took office, the ODPC had no enforcement record. During her term it set up registration and compliance systems, opened complaint channels, ran investigations and audits, issued enforcement notices and penalties, expanded public education and opened regional offices. In 2024 she told Business Daily the office’s focus was on data protection as the debate on artificial intelligence advanced.
Digital lenders and Worldcoin tested the office
According to TechTrendsKE’s analysis of the succession, the ODPC investigated digital lenders over access to borrowers’ phone contacts, unsolicited messages and the use of personal data in debt collection. Some lenders were fined. The ODPC also asked the Central Bank of Kenya to revoke licences of repeat offenders. Complaints against lenders fell afterwards, though repeat breaches continued.
The ODPC also raised concerns over Worldcoin’s collection of biometric data. The government suspended the company’s activities in Kenya in 2023, and the ODPC later confirmed that the company deleted the biometric data it had collected. The same analysis noted that the data had been collected before the regulatory process ended.
Enforcement record shows gaps in penalties and public sector cases
TechTrendsKE reviewed ODPC determinations and found dozens of decisions against organisations that mishandled personal data. It found that fines often looked small beside the size of the companies involved, and that most cases involved private organisations, with few against public institutions.
Public Service Commission received 152 applications
The Public Service Commission (PSC) advertised the position on 25 August 2026 and received 152 applications. On 29 September it shortlisted 13 candidates for interviews. The recruitment ran under Section 6(2) of the Data Protection Act. The shortlist included Media Council of Kenya Chief Executive David Omwoyo, ODPC official John Walubengo and Chelagat. Interviews took place in October. .
What the Data Commissioner does
The Commissioner heads the ODPC, which registers organisations that handle personal data, investigates complaints from the public and can issue enforcement notices.
Section 8 of the Act gives the office the task of overseeing the implementation and enforcement of the Data Protection Act.
Issues waiting for the next commissioner
Several data questions that the next commissioner will face:
- Internet usage metering: Proposals would require internet service providers to record subscriber usage and report it to the State. The privacy effect depends on what is recorded, who can access it and how long it is kept.
- Courier and parcel information: Agencies want shipment data for customs, tax and security purposes.
- Government datasets: Kenya is considering a marketplace for non personal data from eCitizen and other public systems. Personal identifiers would be excluded, but questions remain on whether linked datasets can identify individuals again.
- Artificial intelligence: Kenyan firms can send data to offshore AI services, which raises questions on where data is processed, which law applies and how people exercise their rights. The ODPC has proposed safeguards for transfers to offshore AI providers.
Career runs across the Communications Authority, KETRACO and LAPTRUST
Chelagat has more than 15 years of legal practice in the financial, pensions and energy sectors. Her career began in January 2012 at CPF Financial Services, where she worked as Senior Legal Officer for one year. In January 2013 she became Group Company Secretary and Legal Services Manager at the company, which operates as LAPTRUST. She held that post until July 2017.
She then moved to the Kenya Electricity Transmission Company (KETRACO) as Manager Legal Services for Commercial Compliance and Secretariat, a role she held from August 2017 to July 2021. In July 2021 KETRACO named her Company Secretary and General Manager Legal Services, and she served in that position until December 2023.
In December 2023 she joined the Communications Authority of Kenya as Director of Legal Services and Corporation Secretary, where she works today.
At KETRACO and LAPTRUST she handled company secretarial work, compliance, contracts and dispute resolution. She led East African Community bilateral trade negotiations, including the Eastern Electricity Highway Interconnector between Ethiopia, Kenya and Tanzania. She also advised on the EAC Insurance and Pensions Sectors Integration and the Northern Corridor Integration Project linking Kenya, Uganda and Rwanda.
Qualifications and professional memberships
Chelagat holds a Master of Public Policy and Management from Strathmore Business School and a Bachelor of Laws from the University of Buckingham. She completed the Postgraduate Diploma in Law at the Kenya School of Law and trained at New York University’s Wagner Graduate School of Public Service, IESE Business School and China Europe International Business School.
She is an Advocate of the High Court of Kenya, a Certified Public Secretary and an Accredited Governance Auditor. She belongs to the Law Society of Kenya, the Institute of Certified Secretaries of Kenya, the Institute of Directors of Kenya, the East Africa Law Society and the Chartered Institute of Arbitrators Kenya branch.
Her LinkedIn profile states her expertise lies in “cross-border bilateral trade negotiations and agreements within the East African Community.” It also states her conviction that “Africa’s public and private sector organizations can deliver Africa’s development agenda through good governance practices and effective leadership.”
