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Kenya Act or statute

Parliament of Kenya

Mental Health Act

The Act may be cited as the Mental Health Act. Promote the mental health and well-being of all persons, including reducing incidences of mental illness. Promote and fulfil the right to the highest…

Jurisdiction
Kenya
Structure
76 provisions
Citation
Cap. 248
Dates
As at 11 Dec 2023
More statute details
Dates
As at 11 Dec 2023

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“The Act may be cited as the Mental Health Act.”

The Act may be cited as the Mental Health Act. Promote the mental health and well-being of all persons, including reducing incidences of mental illness. Promote and fulfil the right to the highest attainable standard of health as enshrined under Article 43 of the Constitution. This section provides definitions for terms used in the Act, listing meanings for terms such as "Board", "Cabinet Secretary", "Director", "mental health practitioner", "person with mental illness" and others. The National Government must provide the necessary resources for mental health care and treatment at National referral health facilities.

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THE KENYA BOARD OF MENTAL HEALTH - 4. Establishment of theBoard

Section 4 establishes the Kenya Board of Mental Health, lists membership categories and qualifications, requires the Cabinet Secretary to appoint certain nominated members by Gazette notice, sets a three-year term (with one re-appointment) for specified…

Section 4

04

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Showing 76 of 76 provisions

Provision 57Offence 13Repeal 2Commencement 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Mental Health Act.

Section 1. Short title Section This Act may be cited as the Mental Health Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions for terms used in the Act, listing meanings for terms such as "Board", "Cabinet Secretary", "Director", "mental health practitioner", "person with mental illness" and others.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Kenya Board of Mental Health established under section 4 ; "Cabinet Secretary" means the Cabinet Secretary for the time being in charge of matters relating to health; "care treatment and rehabilitation” includes preventive and after care services such as counselling psychotherapy and vocational care; “county executive committee member” means the county executive committee member for the time being in charge of matters relating to health; "court" means the High Court; "Director” means the Director-General for Health; "guardian" in relation to a minor with mental illness includes - (a) the parents of the minor; (b) a person who has parental responsibility over the minor; (c) a person who has legal custody of the minor; (d) in the absence of a parent, a person who has care and control of the minor; or (e) in the absence of a parent or a person who has care and control of the minor, a person who has actual custody of the minor; "health care provider” means a person who provides health care services and includes a mental health practitioner ; "Health Information System” means the Health Information System established by the Ministry of Health under section 105 of the Health Act ( No. 21 of 2017 ); "magistrate" means a magistrate holding a subordinate court ("the High Court;") of the first class; "manager" means any person appointed under Part XII; "medical practitioner" has the meaning assigned to that term in sections 2 and 3 of the Medical Practitioners and Dentists Act ( Cap. 253 ); "mental health facility” means a facility registered and licensed by the relevant medical regulatory body to provide mental health services ; “mental health practitioner” means a qualified and duly registered— (a) psychiatrist under the Medical Practitioners and Dentists Act ( Cap. 253 ); (b) medical practitioner under the Medical Practitioners and Dentists Act; (c) psychologist under the Counsellors and Psychologists Act ( No. 14 of 2014 ); (d) clinical officer under the Clinical Officers (Training, Registration and Licensing) Act ( Cap. 260 ); (e) counsellor under the Counsellors and Psychologists Act; and (f) psychiatric nurse under the Nurses Act ( Cap. 257 ); “mental health services” means the promotion of mental wellbeing, prevention, management or alleviation of disease, illness, injury and other physical and social determinants affecting mental health in individuals; “mental health unit” means a place or a section within a health facility designated to provide mental health services ; "mental hospital" deleted by Act No. 27 of 2022, s. 3; “person in charge” in relation to a health facility, means the person for the time being authorized by the Director , in the case of a National Referral Hospital, or the County Executive Committee Member, in the case of a county health facility, to be in medical charge of the respective health facility; “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour; "Person suffering from mental disorder" deleted by Act No. 27 of 2022, s. 3; “rehabilitation” means the multidisciplinary approach aimed at supporting persons with psychosocial, intellectual and cognitive disabilities, access to services geared towards their treatment ("medical treatment, nursing and care and training under medical supervision") and recovery process; “representative” means - (a) a spouse of that person, or if unable or unwilling; (b) the child of that person, where such child has attained the age of eighteen years, or if unable or unwilling; (c) a parent of that person, or if unable or unwilling; (d) a relative of that person, or if unable or unwilling; or (e) a person under whose care or charge the person with mental illness is; "substance abuse" means the maladaptive pattern of use as indicated by either recurrent or continued use of any psychoactive substances (such as alcohol, amphetamines, cannabis sativa, cocaine, hallucinogens, inhalants, opiods, sedatives, hypnotics, or anxiolytics) where such use causes or exacerbates persistent or recurrent social, occupational, psychological or physical problems; “supporter” means a person appointed under section 3I by the person with mental illness to make decisions on behalf of the person with mental illness according to the will and preference of the person with mental illness; "treatment" includes medical treatment, nursing and care and training under medical supervision. [Act No. 11 of 1993 , Sch., Act No. 27 of 2022 , s. 3.]
Section 2Verify source
§ 2APRELIMINARY - 2A. Purpose of the ActProvision

Promote the mental health and well-being of all persons, including reducing incidences of mental illness.

Section 2A. Purpose of the Act Section promote the mental health and well-being of all persons, including reducing the incidences of mental illness;
Section 2AVerify source
§ 2BPRELIMINARY - 2B. Guiding principlesProvision

Promote and fulfil the right to the highest attainable standard of health as enshrined under Article 43 of the Constitution.

Section 2B. Guiding principles Section the promotion and fulfilment of the right to the highest attainable standard of health as enshrined under Article 43 of the Constitution;
Section 2BVerify source

Part IA

OBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS

§ 2COBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS - 2C. Obligations of National GovernmentProvision

The National Government must provide the necessary resources for mental health care and treatment at National referral health facilities.

Section 2C. Obligations of National Government Section provide the necessary resources for the provision of mental health care and treatment ("medical treatment, nursing and care and training under medical supervision") at National referral health facilities;
Section 2CVerify source
§ 2DOBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS - 2D. Obligation of the County governmentsProvision

County governments must provide a range of mental health services, community programmes, resources and funding and ensure programmes are comprehensive, with a county executive committee member permitted to delegate functions.

Section 2D. Obligation of the County governments Section 2D(1)(a) provide mental health care, treatment ("medical treatment, nursing and care and training under medical supervision") and rehabilitation services within the county health facilities, in particular ensure that level 2, 3, 4 and 5 county health facilities set aside dedicated clinics to offer outpatient services for persons with mental illness; Section 2D(1)(b) provide community based care and treatment ("medical treatment, nursing and care and training under medical supervision") for persons with mental illness including initiating and organizing community or family based programmes for the care of persons suffering from mental illness; Section 2D(1)(c) implement the national policy and strategies relating mental illness and mental healthcare; Section 2D(1)(d) allocate funds necessary for the provision of mental healthcare in the county budgets; Section 2D(1)(e) provide appropriate resources, facilities, services and personnel capable of dealing with mental illness at the community level; Section 2D(1)(f) formulate rehabilitation programmes suitable for persons with mental illness and provide access to after-care service by persons with mental illness after discharge from mental health facilities; Section 2D(1)(g) formulate and implement county specific programmes to deal with stigma associated with mental illness; Section 2D(1)(h) are comprehensive and include prevention, early intervention, treatment ("medical treatment, nursing and care and training under medical supervision") , continuing care and prevention from relapse; Section 2D(1)(h)(i) are comprehensive and include prevention, early intervention, treatment ("medical treatment, nursing and care and training under medical supervision") , continuing care and prevention from relapse; Section 2D(1)(h)(ii) target persons at risk of developing mental illness including children, women, youth and elderly persons; Section 2D(1)(h)(iii) target persons affected by catastrophic incidences and emergencies; and Section 2D(1)(h)(iv) include education, awareness and training on mental health promotion and interventions; and Section 2D(1)(i) provide adequate resources to ensure a person with mental illness lives a dignified life outside the mental health unit by financing efforts towards reintegrating the person into the community. Section 2D(2)(a) advise the Governor on all matters relating to the status of mental health and mental illness in the county; Section 2D(2)(b) develop and implement county specific programmes that promote the rights of persons with mental illness in the county; Section 2D(2)(c) monitor and evaluate the progress by the county in ensuring that Article 43(1)(a) of the Constitution is realized; Section 2D(2)(d) initiate and organise community or family based programmes for the care of persons with mental illness; Section 2D(2)(e) co-ordinate the implementation of programmes relating to persons with mental illness in the county developed by National Government; Section 2D(2)(f) prepare and publish reports containing statistical or other information relating to programmes and effect of the programmes carried out by the county in relation to persons with mental illness; Section 2D(2)(g) advise the Board ("the Kenya Board of Mental Health established under;") on the implementation of county specific programmes on mental health; Section 2D(2)(h) collaborate with the Board ("the Kenya Board of Mental Health established under;") and such other relevant agencies in ensuring a co-ordinated approach in the delivery of mental health services in the respective county; Section 2D(2)(i) undertake the collection and dissemination of data on mental health in the respective county; and Section 2D(2)(j) co-ordinate the activities of all institutions, private sector institutions, non-governmental organisations and community-based organisation involved in the delivery of mental health services in the county. Section 2D(3) The county executive committee member may delegate some or all the functions under this section, to a county mental health council or an officer within the county public service. [Act No. 27 of 2022 , s. 5.]
Section 2DVerify source
§ 2EOBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS - 2E. County mental health councilsOffence

Each county has a county mental health council with specified members; members (other than those appointed under subsections (2)(a) and (b)) serve a single three-year term and may not be reappointed.

Section 2E. County mental health councils Section 2E(1) There is established in each county government a county mental health council. Section 2E(2)(a) the county director of health appointed under section 19 of the Health Act; Section 2E(2)(b) the chairperson to the county education board established under section 17 of the Basic Education Act or a representative; and Section 2E(2)(c) five persons nominated by the county executive committee member by notice in the Gazette . Section 2E(3)(a) a body representing caregivers of persons with mental illness in the county; and Section 2E(3)(a)(i) a body representing caregivers of persons with mental illness in the county; and Section 2E(3)(a)(ii) a body representing the mental health practitioners in the county; and Section 2E(3)(b) the one third gender principle is observed. Section 2E(4) The members of the county mental health council, except the person appointed under subsection (2)(a) and (b) shall serve for a single term of three years and shall not be eligible for reappointment. Section 2E(5)(a) is absent from three consecutive meetings of the council without the permission of the chairperson; Section 2E(5)(b) resigns in writing, addressed, to the county executive committee member ; Section 2E(5)(c) is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; Section 2E(5)(d) is declared bankrupt; Section 2E(5)(e) is removed by the county executive committee member for being unable to perform the functions of the office by reason of mental or physical infirmity; or Section 2E(5)(f) dies; Section 2E(6)(a) investigate the circumstances giving rise to the proposed removal; and Section 2E(6)(b) make recommendations on whether or not the member should be removed from office.
Section 2EVerify source

Part II

RIGHTS OF PERSONS WITH MENTAL ILLNESS

§ 3RIGHTS OF PERSONS WITH MENTAL ILLNESS - 3. Rights of persons with mental illnessProvision

Persons with mental illness are entitled to fully participate in the affairs of the community in any position suitable and based on their interests and capabilities.

Section 3. Rights of persons with mental illness Section fully participate in the affairs of the community in any position suitable and based on the person’s interests and capabilities;
Section 3Verify source
§ 3ARIGHTS OF PERSONS WITH MENTAL ILLNESS - 3A. Right tomental health servicesProvision

Everyone has a right to the highest attainable standard of mental health services, including physical and mental health care, counselling, rehabilitation and after-care support; priority is given to community and outpatient primary mental health care; mental health practitioners must take into account the mental health condition of the person; treatment should uphold dignity and support participation and quality of life.

Section 3A. Right tomental health services Section 3A(1) Every person has a right to the highest attainable standard of mental health services . Section 3A(2)(a) physical and mental medical health care; Section 3A(2)(b) counselling; Section 3A(2)(c) rehabilitation ; and Section 3A(2)(d) after-care support. Section 3A(3) In the provision of mental health care, priority shall be given to community health and outpatient primary mental health care and treatment ("medical treatment, nursing and care and training under medical supervision") as opposed to institutionalization of the person with mental illness . Section 3A(4) In determining the type of mental health care and treatment ("medical treatment, nursing and care and training under medical supervision") suitable under subsection (3), a mental health practitioner shall take in to account the mental health condition of the person with mental illness . Section 3A(5)(a) upholds the dignity of the person with mental illness ; Section 3A(5)(b) takes in to account and allows for treatment ("medical treatment, nursing and care and training under medical supervision") options which help a person with mental illness manage the illness and participate in political, social and economic aspects of the person’s life; and Section 3A(5)(c) aims at reducing the impact of mental illness and improving the quality of life of the person with mental illness through the provision of the relevant clinical and non-clinical care.
Section 3AVerify source
§ 3BRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3B. Consent totreatmentProvision

Persons with mental illness have the right to choose an appropriate form of treatment; guardians of minors have the right to choose treatment and must give written consent before treatment; a duly appointed supporter must, when giving consent, comply with the person's will and preferences.

Section 3B. Consent totreatment Section 3B(1)(a) inform the person with mental illness , of the right of that person to choose an appropriate form of treatment ("medical treatment, nursing and care and training under medical supervision") ; and Section 3B(1)(b) obtain the written consent from that person before administering any treatment ("medical treatment, nursing and care and training under medical supervision") . Section 3B(2)(a) the supporter of the person with mental illness duly appointed under this Act, who shall, when giving consent, comply with the will and preferences of that person; or Section 3B(2)(b) the representative of the person with mental illness , where a supporter has not been appointed. Section 3B(3)(a) inform the guardian of the minor of the right of the guardian to choose an appropriate form of treatment ("medical treatment, nursing and care and training under medical supervision") for the minor; and Section 3B(3)(b) obtain written consent from the guardian before administering any treatment ("medical treatment, nursing and care and training under medical supervision") .
Section 3BVerify source
§ 3CRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3C. Right to participate intreatmentplanningProvision

Persons with mental illness have the right to participate in formulating their treatment plans; guardians, appointed supporters, and representatives have corresponding participation rights in specified circumstances; appointed supporters must comply with the will and preference of the person with mental illness.

Section 3C. Right to participate intreatmentplanning Section 3C(1) A person with mental illness has the right to participate in the formulation of their treatment ("medical treatment, nursing and care and training under medical supervision") plans. Section 3C(2)(a) has attained the age of majority inform the person, of their right to participate in the formulation of their treatment ("medical treatment, nursing and care and training under medical supervision") plans; or Section 3C(2)(b) is a minor, inform the guardian of the minor of the right of the guardian to participate in formulating treatment ("medical treatment, nursing and care and training under medical supervision") plans on behalf of the minor. Section 3C(3)(a) supporter of the person with mental illness duly appointed under this Act, of the supporter ’s right to participate in formulating the treatment ("medical treatment, nursing and care and training under medical supervision") plans; or Section 3C(3)(b) where a person with mental illness has not appointed a supporter , inform the representative of the person with mental illness , of the representative ’s right to participate in formulating the treatment ("medical treatment, nursing and care and training under medical supervision") plans. Section 3C(4) A supporter , while exercising the right to participate in treatment ("medical treatment, nursing and care and training under medical supervision") planning under this section, shall comply with the will and preference of the person with mental illness . [Act No. 27 of 2022 , s. 6.]
Section 3CVerify source
§ 3DRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3D. Access to medical insuranceOffence

Persons with mental illness have a right to access medical insurance; governments must consider their needs in schemes; insurers must not discriminate; contravening persons or insurers face fines or imprisonment.

Section 3D. Access to medical insurance Section 3D(1) A person with mental illness shall have the right of access to medical insurance for the treatment ("medical treatment, nursing and care and training under medical supervision") from public or private health insurance providers. Section 3D(2) Where the National or county government has in place a medical scheme, the National and county governments shall, in implementing the scheme, take in to account the needs of persons with mental illness and shall ensure that the implementation of the scheme results in the fair treatment ("medical treatment, nursing and care and training under medical supervision") of such persons. Section 3D(3) An insurance company or person providing health insurance services shall not discriminate against a person with mental illness or subject a person with mental illness to unfair treatment ("medical treatment, nursing and care and training under medical supervision") in obtaining the necessary insurance cover. Section 3D(4) Any person or health insurance company that contravenes the provisions of this section commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings, or to imprisonment for a term not exceeding three years, or to both. [Act No. 27 of 2022 , s. 6.]
Section 3DVerify source
§ 3ERIGHTS OF PERSONS WITH MENTAL ILLNESS - 3E. Protection of persons with mental illnessOffence

People with mental illness have a right to protection from exploitation; witnesses must report abuse; contravening this section is an offence punishable by up to three years' imprisonment or a fine up to one million shillings, or both.

Section 3E. Protection of persons with mental illness Section 3E(1) A person with mental illness has the right to protection from physical, economic, social, sexual and other forms of exploitation. Section 3E(2)(a) not be subjected to forced labour, whether within or outside a health facility; Section 3E(2)(b) have the right to receive remuneration for any work done, similar to that payable to a person without mental illness. Section 3E(3) A person who contravenes the provisions of this section commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding three years or a fine not exceeding one million shillings, or both. Section 3E(4) A person who witnesses any form of abuse against a person with mental illness shall report the incident immediately to the police, the Board ("the Kenya Board of Mental Health established under;") or any other competent authority. [Act No. 27 of 2022 , s. 6.]
Section 3EVerify source
§ 3FRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3F. Rights to civil, political and economic rightsProvision

Every person with mental illness has the right to exercise all civil, political, economic, social and cultural rights, subject to limits set by this Act.

Section 3F. Rights to civil, political and economic rights Section 3F(1) Every person with mental illness shall have the right to exercise all civil, political, economic, social and cultural rights guaranteed under the Constitution and any other written law in force in Kenya. Section 3F(2) The exercise of the rights under subsection (1) shall only be limited to the extent and in the manner provided for under this Act. [Act No. 27 of 2022 , s. 6.]
Section 3FVerify source
§ 3GRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3G. Right to access to informationProvision

Persons with mental illness have the right to access information including mental and other health status, clinical records and related information, and health service providers; certain supporters or representatives may access that information; the Cabinet Secretary must make regulations specifying procedures and timeframes.

Section 3G. Right to access to information Section 3G(1)(a) mental and other health status; Section 3G(1)(b) clinical records and other related information maintained by a health facilities; and Section 3G(1)(c) health service providers. Section 3G(2) Any representations made by a person with mental illness shall, on the request of the person with mental illness , form part of the records of that person. Section 3G(3)(a) a duly appointed supporter of the person with mental illness ; Section 3G(3)(b) in the absence of a supporter , the representative of the person with mental illness ; or Section 3G(3)(c) in the case where the person with mental illness is a minor, the guardian of that minor. Section 3G(4) The Access to Information Act shall apply to the access of information by a person with mental illness under this Act. Section 3G(5) The Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") shall, in consultation with the Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") responsible for matters relating to information and communication technology and the Commission on Administrative Justice, make regulations on access to information under this section. Section 3G(6)(a) the procedure for making an application for access to information under this section; Section 3G(6)(b) the procedure for the processing of an application and availing the information applied for; and Section 3G(6)(c) the duration within which the information requested under this section shall be made available.
Section 3GVerify source
§ 3HRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3H. Right to confidentialityProvision

Persons with mental illness have confidentiality for all information about their care and treatment, subject to specific exceptions listed in subsection (2).

Section 3H. Right to confidentiality Section 3H(1) All information regarding the care and treatment ("medical treatment, nursing and care and training under medical supervision") of a person with mental illness is confidential. Section 3H(2)(a) is required by law; Section 3H(2)(b) ordered by a court ("the High Court;") ; Section 3H(2)(c) is in the public interest; Section 3H(2)(d) is necessary to prevent the likelihood of serious harm to the person with mental illness or to others; Section 3H(2)(e) is necessary for purposes of treating the person with mental illness ; Section 3H(2)(f) is authorised by the person with mental illness under a duly executed supportive decision making agreement; or Section 3H(2)(g) is in the best interest of the person with mental illness .
Section 3HVerify source
§ 3IRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3I. Right to appoint asupporterProvision

Persons with mental illness may appoint a supporter and must enter into a supportive decision making agreement when appointing one; representatives may act for treatment if appointment is not possible; entitled persons may get a free interpreter; supporters/representatives may appoint others for complaints or appeals.

Section 3I. Right to appoint asupporter Section 3I(1) A person with mental illness may appoint a person to act as that person’s supporter for the purposes of this Act. Section 3I(2) A person with mental illness shall in appointing a supporter , enter in to a supportive decision making agreement with the proposed supporter . Section 3I(3)(a) at the time of making of the agreement, the person with mental illness was aware of their actions; Section 3I(3)(b) the person with mental illness has signed or affixed their mark to the agreement; Section 3I(3)(c) the signature or mark of the person with mental illness , is so placed that it shall appear that it was intended to give effect to the writing as a supportive decision making agreement; Section 3I(3)(d) the agreement is attested by two or more competent witnesses, one of whom shall be the doctor of the person with mental illness ; Section 3I(3)(e) the person with mental illness signs or affixes their mark to the agreement in the presence of the witnesses; and Section 3I(3)(f) each of the witnesses signs the agreement in the presence of the person with mental illness . Section 3I(4)(a) has attained the age of majority; or Section 3I(4)(b) is a Public Trustee appointed under the Public Trustee Act (Cap. 168). Section 3I(5) Where a person with mental illness is unable to appoint a supporter under subsection (1), the representative of the person may represent the person with mental illness for the purpose of treatment ("medical treatment, nursing and care and training under medical supervision") and care under this Act. Section 3I(6) A supporter or representative of a person with mental illness , as the case may be, may appoint another person to represent the person with mental illness in any complaint procedure or appeal. Section 3I(7) A person with mental illness , the supporter or representative of a person with mental illness or a person appointed under subsection(5) is entitled, where necessary, to the services of an interpreter who shall be made available free of charge. Section 3I(8)(a) produce at any hearing, independent medical reports and such other reports or evidence that are relevant to the status of the person with mental illness ; and Section 3I(8)(b) attend, participate and be heard in any hearing under this Act.
Section 3IVerify source
§ 3JRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3J. Decisions by thesupporterProvision

A supporter must owe a duty of care and ensure decisions follow the will and preference of the person with mental illness; the supporter must consider the person’s long‑standing beliefs and interpret will and preference in light of constitutional and international rights, must not make decisions creating a conflict of interest, and must ensure decisions last only for the shortest time while encouraging the person to express their will.

Section 3J. Decisions by thesupporter Section 3J(1) A supporter owes a duty of care to the person with mental illness and shall ensure that any decision made by the supporter is in accordance to the will and preference of the person with mental illness . Section 3J(2)(a) consider whether the decision conforms to the longer lasting general beliefs, values and desires that the person with mental illness subscribes to; and Section 3J(2)(b) interpret the will and preference of the person with mental illness taking in to account the rights conferred on such person under the Constitution and international human rights law. Section 3J(3)(a) not make a decision that will result in a conflict of interest; and Section 3J(3)(b) ensure that the decision applies for the shortest time possible and the supporter shall make continuous efforts to have the person with mental illness express their own will and preference.
Section 3JVerify source
§ 3KRIGHTS OF PERSONS WITH MENTAL ILLNESS - 3K. Legal capacityProvision

A person with mental illness is entitled to recognition before the law and to enjoy legal rights on an equal basis with others in all aspects of life.

Section 3K. Legal capacity Section A person with mental illness has a right to recognition before the law and shall enjoy legal rights on an equal basis with other persons in all aspects of life. [Act No. 27 of 2022 , s. 6.]
Section 3KVerify source

Part III

THE KENYA BOARD OF MENTAL HEALTH

§ 4THE KENYA BOARD OF MENTAL HEALTH - 4. Establishment of theBoardOffence

Section 4 establishes the Kenya Board of Mental Health, lists membership categories and qualifications, requires the Cabinet Secretary to appoint certain nominated members by Gazette notice, sets a three-year term (with one re-appointment) for specified members, makes the Secretary to the Board the Chief Executive Officer, and gives the Board powers to co-opt persons, establish committees, and regulate its business (subject to the Schedule).

Section 4. Establishment of theBoard Section 4(1) There shall be established a Board ("the Kenya Board of Mental Health established under;") to be known as the Kenya Board ("the Kenya Board of Mental Health established under;") of Mental Health for the purposes of this Act. Section 4(2)(a) hold a Masters’ degree in psychiatry or its equivalent from a university recognised in Kenya; and Section 4(2)(a)(i) hold a Masters’ degree in psychiatry or its equivalent from a university recognised in Kenya; and Section 4(2)(a)(ii) have at least ten years' experience, five of which shall be in a managerial position; Section 4(2)(b) the Principal Secretary in the ministry for the time being responsible for matters relating to health or a representative appointed in writing; Section 4(2)(c) the Principal Secretary in the ministry for the time being responsible for matters relating to finance or a representative appointed in writing; Section 4(2)(d) one shall be a psychiatrist nominated by the Medical Practitioners and Dentists Board ("the Kenya Board of Mental Health established under;") ; Section 4(2)(d)(i) one shall be a psychiatrist nominated by the Medical Practitioners and Dentists Board ("the Kenya Board of Mental Health established under;") ; Section 4(2)(d)(ii) one shall be a counsellor or psychologist nominated by the Counsellors and Psychologists Board ("the Kenya Board of Mental Health established under;") ; Section 4(2)(d)(iii) one shall be a nurse nominated by the Nursing Council of Kenya; and Section 4(2)(d)(iv) one shall be a clinical officer nominated by the Clinical Officers Council; Section 4(2)(e) one person nominated by the Kenya National Commission on Human Rights with knowledge and experience in matters related to mental health; Section 4(2)(f) two persons, not being Governors, and having knowledge and experience in matters related to mental health, nominated by the Council of County Governors; Section 4(2)(g) one county director of health nominated from amongst the forty-seven county directors of health by the Council of Governors; Section 4(2)(h) the Director of Mental Health, who shall be the secretary to the Board ("the Kenya Board of Mental Health established under;") and an ex-officio member of the Board ("the Kenya Board of Mental Health established under;") . Section 4(2A) The Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") shall appoint the members of the Board ("the Kenya Board of Mental Health established under;") nominated under subsection (2)(b), (c), (d), and (e) by notice in the Gazette . Section 4(2B) A member of the Board ("the Kenya Board of Mental Health established under;") under subsection (2) (b), (c), (d) and (e), shall hold office for a period of three years and shall be eligible for re-appointment for one further term. Section 4(2C)(a) has been convicted of an offence by a court ("the High Court;") of competent jurisdiction and sentenced to imprisonment for a term of six months or more; Section 4(2C)(b) is adjudged bankrupt or has entered into a composition, scheme or arrangement with the person’s creditors; Section 4(2C)(c) has been removed from office for contravening the Constitution or any other law; or Section 4(2C)(d) has not met any statutory obligations in the conduct of their affairs; or Section 4(2C)(e) is disqualified from being appointed under the provisions of any other written law. Section 4(2D)(a) the one third gender rule; and Section 4(2D)(b) diversity of qualifications of the persons being appointed. Section 4(2E) The Secretary to the Board ("the Kenya Board of Mental Health established under;") shall be the Chief executive officer of the Board ("the Kenya Board of Mental Health established under;") . Section 4(2F) The procedure for the conduct of business and affairs of the Board ("the Kenya Board of Mental Health established under;") shall be as set out in the schedule. Section 4(3) Deleted by ActNo. 27 of 2022, s. 7. Section 4(4) The Board ("the Kenya Board of Mental Health established under;") may co-opt any person whose skills, knowledge or experience may be useful to the Board ("the Kenya Board of Mental Health established under;") or to any committee of the Board ("the Kenya Board of Mental Health established under;") . Section 4(5) The Board ("the Kenya Board of Mental Health established under;") may establish committees of the Board ("the Kenya Board of Mental Health established under;") . Section 4(6) Subject to the Schedule, the Board ("the Kenya Board of Mental Health established under;") may regulate the conduct of its business and affairs. [Act No. 11 of 1993 , Sch., Act No. 27 of 2022 , s. 7.]
Section 4Verify source
§ 4ATHE KENYA BOARD OF MENTAL HEALTH - 4A. Vacancy in theBoardProvision

Section 4A: Vacancy in theBoard — states "Section dies;"

Section 4A. Vacancy in theBoard Section dies;
Section 4AVerify source
§ 4BTHE KENYA BOARD OF MENTAL HEALTH - 4B. Removal of member ofBoardfrom OfficeProvision

Lists grounds for removal of a board member (inability due to physical or mental incapacity; gross misconduct; incompetence or negligence; and any other ground under written law) and provides steps to investigate and recommend removal.

Section 4B. Removal of member ofBoardfrom Office Section 4B(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 4B(1)(b) gross misconduct; Section 4B(1)(c) incompetence or negligence of duty; or Section 4B(1)(d) any other ground that would justify removal from office under any written law. Section 4B(2)(a) investigate the circumstances giving rise to the proposed removal; and Section 4B(2)(b) make recommendations on whether or not the member should be removed from office.
Section 4BVerify source
§ 4CTHE KENYA BOARD OF MENTAL HEALTH - 4C. Delegation by theBoardProvision

The Board may, by resolution either generally or in any particular case, delegate any of its powers or the performance of any of its functions or duties to a committee of the Board or to any member, officer, employee or agent of the Board.

Section 4C. Delegation by theBoard Section The Board ("the Kenya Board of Mental Health established under;") may, by resolution either generally or in any particular case, delegate to any committee of the Board ("the Kenya Board of Mental Health established under;") or to any member, officer, employee or agent of the Board ("the Kenya Board of Mental Health established under;") , the exercise of any of the powers or the performance of any of its functions or duties under this Act or under any other written law. [Act No. 27 of 2022 , s. 8.]
Section 4CVerify source
§ 5THE KENYA BOARD OF MENTAL HEALTH - 5. Functions of theBoardProvision

Section 5 (Functions of the Board) has been deleted by Act No. 27 of 2022, s. 9.

Section 5. Functions of theBoard Section deleted by ActNo. 27 of 2022, s. 9.
Section 5Verify source
§ 6THE KENYA BOARD OF MENTAL HEALTH - 6. TheDirectorof Mental Health and staff of theBoardProvision

Establishes the office of Director of Mental Health in the Public Service; the Director is to be competitively recruited and appointed by the Public Service Commission; sets qualifications and assigns the Director duties including being chief executive and accounting officer and managing the Secretariat; staff may be appointed to support the Board.

Section 6. TheDirectorof Mental Health and staff of theBoard Section 6(1) There is established the office of the Director of Mental Health which shall be an office in the Public Service. Section 6(1A) The Director of Mental Health shall be competitively recruited and appointed by the Public Service Commission. Section 6(1B)(a) holds a masters of medicine degree in Psychiatry from a university recognised in Kenya; Section 6(1B)(b) is registered by the Medical Practitioners and Dentists Board ("the Kenya Board of Mental Health established under;") as a psychiatrist; Section 6(1B)(c) has at least ten years’ experience in the practice of medicine, five of which shall be experience at senior management level; and Section 6(1B)(d) meets the requirements of Chapter Six of the Constitution. Section 6(1C)(a) be the chief executive and accounting officer of the Board ("the Kenya Board of Mental Health established under;") ; and Section 6(1C)(b) be responsible to the Board ("the Kenya Board of Mental Health established under;") for the day to day administration of the affairs of the Secretariat and implementation of the decisions arising from the Board ("the Kenya Board of Mental Health established under;") ; Section 6(1D)(a) the implementation of decisions of the Board ("the Kenya Board of Mental Health established under;") ; Section 6(1D)(b) directing and supervising the acts of staff of the Board ("the Kenya Board of Mental Health established under;") appointed under subsection (2); Section 6(1D)(c) the organization, control and management of the Board ("the Kenya Board of Mental Health established under;") 's secretariat; Section 6(1D)(d) maintaining accurate records on financial matters and resource use of the Board ("the Kenya Board of Mental Health established under;") ; Section 6(1D)(e) ensuring the preparation and approval of the budget for the required funding of the operational expenses of the Board ("the Kenya Board of Mental Health established under;") and the Secretariat to the Board ("the Kenya Board of Mental Health established under;") ; and Section 6(1D)(f) performing any other duties as may be assigned by the Board ("the Kenya Board of Mental Health established under;") . Section 6(2) There may be appointed such staff for the Board ("the Kenya Board of Mental Health established under;") , who may be public officers, as are necessary to enable the Board ("the Kenya Board of Mental Health established under;") to effectively carry out its functions. [Act No. 27 of 2022 , s. 10.]
Section 6Verify source
§ 7THE KENYA BOARD OF MENTAL HEALTH - 7. DeletedProvision

Section 7 is deleted.

Section 7. Deleted Section Deleted by ActNo. 27 of 2022, s. 11.
Section 7Verify source
§ 8THE KENYA BOARD OF MENTAL HEALTH - 8. Expenses of theBoardand the district mental health councilsProvision

Section 8(1) provides that the Board's expenses shall be met out of funds voted by Parliament. Section 8(2) requires the Cabinet Secretary (for health) to determine the Board's remuneration in consultation with the Salaries and Remuneration Commission.

Section 8. Expenses of theBoardand the district mental health councils Section 8(1) The expenses of the Board ("the Kenya Board of Mental Health established under;") shall be met out of funds voted for the purpose by Parliament. Section 8(2) The remuneration of the Board ("the Kenya Board of Mental Health established under;") shall be determined by Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") in consultation with the Salaries and Remuneration Commission. [Act No. 27 of 2022 , s. 12.]
Section 8Verify source

Part IV

MANAGEMENT OF MENTAL HEALTH UNITS AND FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS

§ 9MANAGEMENT OF MENTAL HEALTH UNITS AND FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS - 9. Establishment of mental health unitsRepeal

Section 9 sets out how mental health units are established and managed: the Board and county executive committee members may designate places as mental health units; the Board may authorize prison places for treatment; the Cabinet Secretary must make rules; designated public and specified private facilities must provide inpatient and outpatient mental health treatment.

Section 9. Establishment of mental health units Section 9(1) A mental hospital authorized by the Director under section 2 of the Mental Treatment Act ( Cap. 248 (1970) now repealed) shall be deemed to have been established under this Act. Section 9(2) The Board ("the Kenya Board of Mental Health established under;") may, by notice in the Gazette , designate such places within a national referral hospital or any other national government facility as the Board ("the Kenya Board of Mental Health established under;") may consider necessary as a mental health unit . Section 9(2A) A county executive committee member may, by notice in the Gazette , designate such a place within a county health facility in the respective county as the committee member may consider necessary as a mental health unit . Section 9(3) The Board ("the Kenya Board of Mental Health established under;") may, under this section, authorize places within prisons established under the Prisons Act (Cap. 90) to be places for the reception and treatment ("medical treatment, nursing and care and training under medical supervision") of prisoners, either remanded or convicted, suffering from mental illness. Section 9(4) An application to the Board ("the Kenya Board of Mental Health established under;") for authority to establish a mental hospital shall be in the prescribed form accompanied by the prescribed fee. Section 9(5) The Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") , in consultation with the Board ("the Kenya Board of Mental Health established under;") and the Council of County Governors, shall make rules for the proper management of mental health units. Section 9(6) A level 3, 4, 5 and 6 health facility which has a mental health unit designated under this section shall provide within it, in-patient and outpatient treatment ("medical treatment, nursing and care and training under medical supervision") of persons with mental illness. Section 9(6A) Every private mental health facility established under subsection (9A) (b) shall have facilities for inpatient and out-patient treatment ("medical treatment, nursing and care and training under medical supervision") of persons suffering from mental illness. Section 9(7) Deleted by ActNo. 27 of 2022, s. 14. [Act No. 27 of 2022 , s. 14.]
Section 9Verify source
§ 9AMANAGEMENT OF MENTAL HEALTH UNITS AND FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS - 9A. Establishment of mental health facilitiesProvision

Establishes a mental health unit operated and managed by the national government or a county government.

Section 9A. Establishment of mental health facilities Section a mental health unit operated and managed by the national government or a county government as the case may be; and
Section 9AVerify source
§ 9BMANAGEMENT OF MENTAL HEALTH UNITS AND FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS - 9B. Establishment of a privatemental health facilityProvision

People intending to establish private mental health facilities must apply to the relevant medical regulatory body in the prescribed form and pay the prescribed fee; applicants granted approval must notify the county mental health council; private mental health facilities are subject to the Act's mental health unit standards and regulations.

Section 9B. Establishment of a privatemental health facility Section 9B(1) A person who intends to establish a private mental health facility shall submit an application to the relevant medical regulatory body in the prescribed form together with the prescribed fee. Section 9B(2)(a) psychiatrist; Section 9B(2)(b) psychologist; Section 9B(2)(c) clinical officer who specialises in psychiatry; or Section 9B(2)(d) psychiatric nurse. Section 9B(3) Where an approval is given under subsection (1), the applicant shall notify the county mental health council of the approval in the prescribed form. Section 9B(4)(a) maintain a register of all private mental health facilities operating in the county; Section 9B(4)(b) submit a list of all private mental health facilities operating in the county to the Board ("the Kenya Board of Mental Health established under;") annually; and Section 9B(4)(c) inspect private mental health facilities within the respective county and report its findings to the Board ("the Kenya Board of Mental Health established under;") for remedial action. Section 9B(5) A private mental health facility shall be subject to the standards and regulations affecting mental health units under this Act. Section 9B(6)(a) develop a template for reports to be submitted to the Board ("the Kenya Board of Mental Health established under;") under subsection (4); and Section 9B(6)(b) prescribe any other standards and regulations that a private mental health facility should adhere to.
Section 9BVerify source
§ 9CMANAGEMENT OF MENTAL HEALTH UNITS AND FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS - 9C. Penalty for fraudulently procurement of registration of privatemental health facilityOffence

Creates penalties for fraudulently procuring registration of a private mental health facility: natural persons face a fine up to four million shillings or imprisonment up to ten years, or both; bodies corporate face a fine up to ten million shillings. The Kenya Board of Mental Health may also lodge a complaint with a relevant professional body for disciplinary proceedings.

Section 9C. Penalty for fraudulently procurement of registration of privatemental health facility Section 9C(1)(a) natural person, to a fine not exceeding four million shillings or to imprisonment for a term not exceeding ten years, or to both; or Section 9C(1)(b) body corporate, to a fine not exceeding ten million shillings. Section 9C(2) In addition to the penalty imposed under subsection (1), the Board ("the Kenya Board of Mental Health established under;") may lodge a complaint with the relevant professional body, to which that person is a member, for the institution of disciplinary proceedings against that person. [Act No. 27 of 2022 , s. 15.]
Section 9CVerify source
§ 9DMANAGEMENT OF MENTAL HEALTH UNITS AND FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS - 9D. Reports by mental health facilities and unitsProvision

The sub county health records officer must enter data submitted under subsection (1) into the Health Information System within fourteen days of receipt.

Section 9D. Reports by mental health facilities and units Section 9D(2) The sub county health records officer shall enter the data submitted under subsection (1) in to the Health Information System within fourteen days of receipt. [Act No. 27 of 2022 , s. 15.]
Section 9DVerify source
§ 9EMANAGEMENT OF MENTAL HEALTH UNITS AND FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS - 9E. Seclusion and restraintProvision

The mental health facility or unit must record every instance of physical restraint or seclusion, including reasons, nature and extent, in the medical records of the person with mental illness.

Section 9E. Seclusion and restraint Section 9E(1) A person with mental illness shall not be physically restrained or secluded except in accordance with the provisions of this Act, the prescribed procedures and upon authorization by a mental health practitioner . Section 9E(2) Physical restraint or seclusion shall only be used where it is the only means available to prevent immediate or imminent harm to the person with mental illness or other people. Section 9E(3)(a) administer treatment ("medical treatment, nursing and care and training under medical supervision") to the person with mental illness ; Section 9E(3)(b) allow the person with mental illness to co-habit peacefully with other users within the mental health facility or unit as the case may be or the person’s family, or with members of the community. Section 9E(4) The mental health facility or unit as the case may be shall ensure that all instances of physical restraint or seclusion, their reasons, nature and extent are recorded in the medical records of the person with the mental illness. Section 9E(5) A person with mental illness who is restrained or secluded shall be kept under humane conditions and shall be under the care and regular supervision of a mental health practitioner within the facility or unit as the case may be. Section 9E(6)(a) duly appointed supporter of the person with mental illness ; Section 9E(6)(b) in the case where the person with mental illness has not appointed a supporter , to the representative of the person with mental illness ; or Section 9E(6)(c) in the case of a minor with mental illness, to the guardian of that minor. Section 9E(7) The review of the mental health status of a person with mental illness under seclusion or restraint shall be carried out in accordance with Part X of this Act. [Act No. 27 of 2022 , s. 15.]
Section 9EVerify source
§ 9FMANAGEMENT OF MENTAL HEALTH UNITS AND FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS - 9F. Informed consentProvision

Who may give informed consent for treatment: the person with mental illness, or if they cannot, their supporter, representative (if no supporter), or guardian for minors; consent must be given freely, with adequate disclosure, choice, competence and recorded in writing.

Section 9F. Informed consent Section 9F(1)(a) the person with mental illness ; Section 9F(1)(b) the supporter of that person, where the person with mental illness is unable at the particular time to give consent; Section 9F(1)(c) the representative of that person, where the person with mental illness has not appointed a supporter ; or Section 9F(1)(d) the guardian of the person with mental illness , where the person with mental illness is a minor. Section 9F(2)(a) given freely without threats or improper inducement; Section 9F(2)(b) there is appropriate and adequate disclosure of all relevant information relating to the treatment ("medical treatment, nursing and care and training under medical supervision") , including information on the type, purpose, likely duration, side effects and expected benefits of the treatment ("medical treatment, nursing and care and training under medical supervision") ; Section 9F(2)(c) choices are given to the persons under subsection (1), in accordance with prescribed clinical practice; Section 9F(2)(d) where consent is sought from a person under paragraph (b), (c),(d), the person is competent to give the consent; and Section 9F(2)(e) consent is written and recorded in the records of the person with mental illness .
Section 9FVerify source

Part IX

ADMISSION OF PATIENTS FROM FOREIGN COUNTRIES

§ 18ADMISSION OF PATIENTS FROM FOREIGN COUNTRIES - 18. Admission of patients from foreign countries to be under this PartProvision

Persons with mental disorders may not be admitted into Kenyan mental hospitals from outside Kenya except under the rules in this Part; the Part does not apply to persons ordinarily resident in Kenya.

Section 18. Admission of patients from foreign countries to be under this Part Section 18(1) No person suffering from mental disorder shall be admitted into a mental hospital in Kenya from any place outside Kenya except under this Part. Section 18(2) This Part shall not apply to persons ordinarily resident in Kenya.
Section 18Verify source
§ 19ADMISSION OF PATIENTS FROM FOREIGN COUNTRIES - 19. Admission of patients from foreign countriesProvision

Foreign governments or relevant authorities must apply in writing to the Kenya Board of Mental Health for approval before admitting a person with mental illness from a foreign country into a Kenyan mental health facility; the person in charge of the facility must ensure subsection (1A) requirements are met, examine the person, and forward a report and accompanying warrant to the Board.

Section 19. Admission of patients from foreign countries Section 19(1) Where it is necessary to admit a person suffering from mental illness from any foreign country into any mental health facility in Kenya for observation or treatment ("medical treatment, nursing and care and training under medical supervision") , the Foreign Government or other relevant authority in that country shall apply in writing seeking the Board ("the Kenya Board of Mental Health established under;") ’s approval to admit the person. Section 19(1A)(a) the Board ("the Kenya Board of Mental Health established under;") ’s written approval; and Section 19(1A)(b) a warrant and other documents duly authorising the person’s detention in and removal from the foreign country. Section 19(2)(a) has been legally detained under the laws of the foreign country relating to the detention and treatment ("medical treatment, nursing and care and training under medical supervision") of persons suffering from mental illness; Section 19(2)(b) has been detained for a period not exceeding two months; and Section 19(2)(c) that the admission in to a mental health facility in Kenya has been found to be necessary. Section 19(3) Before admitting a person under this section, the person in charge of a mental health facility shall ensure that the requirements under subsection (1A) have been satisfied. Section 19(3A) The requirements under subsection (1A) shall be sufficient authority for the conveyance to, admission and treatment ("medical treatment, nursing and care and training under medical supervision") of a person under this section, Section 19(4)(a) examine the person or cause the person to be examined to determine the extent of mental illness and the nature of treatment ("medical treatment, nursing and care and training under medical supervision") ; and Section 19(4)(b) within that period forward to the Board ("the Kenya Board of Mental Health established under;") the report on the examination under paragraph (a) together with the warrant or other document from the foreign country concerned accompanying the person. Section 19(5) A person shall not be detained in a mental hospital under this section for a period longer than two months from the date of admission to the mental hospital unless the Board ("the Kenya Board of Mental Health established under;") , on application in the prescribed form by the person in charge , approves. [Act No. 27 of 2022 , s. 29.]
Section 19Verify source
§ 20ADMISSION OF PATIENTS FROM FOREIGN COUNTRIES - 20. Admission fees under this PartProvision

The Cabinet Secretary may prescribe admission fees for persons with mental illness in national referral mental health units (after consulting the Cabinet Secretary responsible for finance) by Gazette notice; the county executive committee member may prescribe fees for county mental health units by Gazette notice; private mental health facilities may charge fees subject to approval in writing by the Cabinet Secretary responsible for finance in consultation with the Council of County Governors.

Section 20. Admission fees under this Part Section 20(1) The Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") may, upon consultation with the Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") responsible for finance, by notice in the Gazette , prescribe the fees payable for the admission of persons with mental illness in a mental health unit established in a National Referral Hospitals. Section 20(1A) The county executive committee member may, by notice in the Gazette , prescribe the fees payable for admission of persons with mental illness in a county mental health unit . Section 20(2) A private mental health facility admitting a person under this Part may charge such fees and in such manner as the Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") for the time being responsible for finance in consultation with the Council of County Governors, may from time to time approve in writing. [Act No. 27 of 2022 , s. 30.]
Section 20Verify source

Part V

VOLUNTARY PATIENTS

§ 10VOLUNTARY PATIENTS - 10. Voluntary admission of a patientProvision

The guardian of a minor must submit a written application in the prescribed form to the person in charge of a mental health facility or unit for the minor's admission; the person in charge must review the person's condition within seventy-two hours of receiving them.

Section 10. Voluntary admission of a patient Section 10(1)(a) receive appropriate care and treatment ("medical treatment, nursing and care and training under medical supervision") ; or Section 10(1)(b) referral where necessary to an appropriate mental health facility or unit. Section 10(2) Where a minor requires admission to a mental health facility or unit, for treatment ("medical treatment, nursing and care and training under medical supervision") under subsection (1), the guardian of that person shall submit a written application, in the prescribed form, to the person in charge of a mental health facility or unit as the case may be, for the admission of the minor. Section 10(3) Upon receiving a person under this section, the person in charge of the mental health facility or unit, as the case may be shall, within seventy-two hours, review or cause the condition of the person to be reviewed. Section 10(4)(a) the conditions for admitting and retaining a voluntary patient, beyond forty-two days, after the patient becomes incapable of expressing themselves; Section 10(4)(b) dies; Section 10(4)(b)(i) dies; Section 10(4)(b)(ii) becomes incapable of supporting or representing the person with mental illness as the case may be; or Section 10(4)(b)(iii) refuses or neglects to perform their duties under the Act; Section 10(4)(c) the conditions and procedure for discharging a patient under this section; and Section 10(4)(d) prescribe the form to be filled before voluntary admission.
Section 10Verify source
§ 11VOLUNTARY PATIENTS - 11. DeletedProvision

Section 11 is deleted.

Section 11. Deleted Section Deleted by ActNo. 27 of 2022, s. 18.
Section 11Verify source
§ 12VOLUNTARY PATIENTS - 12. DeletedProvision

Section 12 has been deleted.

Section 12. Deleted Section Deleted by ActNo. 27 of 2022, s. 19.
Section 12Verify source
§ 13VOLUNTARY PATIENTS - 13. DeletedProvision

Section 13 deleted.

Section 13. Deleted Section Deleted by ActNo. 27 of 2022, s. 20.
Section 13Verify source

Part VI

INVOLUNTARY PATIENTS

§ 14INVOLUNTARY PATIENTS - 14. Involuntary admissionProvision

Involuntary admission is permitted when a person with mental illness poses immediate harm, faces serious deterioration, or requires in-patient treatment that cannot be provided as an outpatient; applications may be made by a supporter, representative, guardian or carer/relative; medical practitioners who recommend admission must examine the person and record dates and grounds; detention by the person in charge is limited to the duration necessary to stabilise and provide care; determinations lapse 14 days after the last examination by a mental health practitioner.

Section 14. Involuntary admission Section 14(1)(a) because of the mental illness, there is a serious likelihood of immediate or imminent harm to that person or to other persons; or Section 14(1)(b) lead to a serious deterioration in the condition of that person; or Section 14(1)(b)(i) lead to a serious deterioration in the condition of that person; or Section 14(1)(b)(ii) hinder the provision of appropriate treatment ("medical treatment, nursing and care and training under medical supervision") that can only be given by admission to a mental health facility or unit in accordance with the principle of the least restrictive alternative. Section 14(1A)(a) a duly appointed supporter of the person with mental illness in accordance to the will and preference of the person with mental illness ; Section 14(1A)(b) in the absence of a duly appointed supporter , a representative of the person with mental illness ; Section 14(1A)(c) in case of a minor with mental illness, by the guardian of the minor; or Section 14(1A)(d) where the person in paragraphs (a), (b) or (c) are not available or willing to make the application, by any other person who is carer or relative of that person. Section 14(1B)(a) the reason why it is not made as provided under subsection (1A) (a), (b) or (c); Section 14(1B)(b) the connection of the applicant with the person to whom the application relates; and Section 14(1B)(c) the circumstances in which the application is made. Section 14(1C)(a) whether the person admitted suffers from mental illness and the severity of the illness; Section 14(1C)(b) whether there is a likelihood of immediate or imminent harm to the person with mental illness or other persons, and the effect on the health of the person if such person is not admitted or treated; and Section 14(1C)(c) whether the treatment ("medical treatment, nursing and care and training under medical supervision") requires admission or whether it can be administered to the person as an out-patient. Section 14(1D) The person in charge under subsection (1) shall only detain the person for the duration necessary to stabilize the person with mental illness and provide mental health care services to the person. Section 14(2) Deleted by ActNo. 27 of 2022, s. 22. Section 14(3) The application shall be accompanied by a recommendation in duplicate, in the prescribed form, signed by a medical practitioner , who shall where practicable be the usual medical practitioner attending the person concerned and where this is not practicable a medical practitioner approved by the Director for the purpose of making any such recommendation, shall make it. Section 14(4) The medical practitioner who makes a recommendation under this section shall, before signing the recommendation, examine the person to whom the recommendation relates and specify in the recommendation the date or dates on which he examined the person and the grounds on which the recommendation is based. Section 14(5) A determination under subsection (1) shall cease to have effect on the expiration of fourteen days from the last date on which the person to whom the determination relates was examined by a mental health practitioner . Section 14(6)(a) carried out or caused to be carried out a review of the status of mental health of the patient; and Section 14(6)(b) sought or retained the recommendation of the medical health practitioner for the extended admission of the patient. Section 14(6A)(a) the supporter of that person, where the person with mental illness is unable at the particular time to give consent; Section 14(6A)(b) the representative of that person, where the person with mental illness has not appointed a supporter ; or Section 14(6A)(c) the guardian of the person with mental illness , where the person with mental illness is a minor. Section 14(7) Deleted by ActNo. 27 of 2022, s. 22 [Act No. 27 of 2022 , s. 22.]
Section 14Verify source
§ 15INVOLUNTARY PATIENTS - 15. DeletedProvision

Section 15 has been deleted.

Section 15. Deleted Section Deleted by ActNo. 27 of 2022, s. 23.
Section 15Verify source
§ 15AINVOLUNTARY PATIENTS - 15A. Conditions for emergency admission andtreatmentProvision

If a person with mental illness is admitted in an emergency, the person in charge must inform the person's next kin within twenty-four hours of admission.

Section 15A. Conditions for emergency admission andtreatment Section 15A(1)(a) there is immediate and imminent danger to the health and safety of the person with mental illness or other people; Section 15A(1)(b) the nature of danger under paragraph (a) is such that there needs to be urgent care and treatment ("medical treatment, nursing and care and training under medical supervision") to stabilize the person with mental illness ; and Section 15A(1)(c) the time required to comply with substantive procedures would cause delay and lead to harm to the person with mental illness or to other people. Section 15A(2)(a) admitted to the health facility; or Section 15A(2)(b) given the necessary treatment ("medical treatment, nursing and care and training under medical supervision") based on the assessment carried out by a qualified medical practitioner or other accredited mental health practitioner . Section 15A(3) Where emergency treatment ("medical treatment, nursing and care and training under medical supervision") is administered and a person is admitted under this section, the person in charge shall, within twenty-four hours of admission, inform the next kin of the person with mental illness . Section 15A(4)(a) necessary to stabilize and treat the person with mental illness ; or Section 15A(4)(b) in any case for a period longer than seventy-two hours. Section 15A(5)(a) a duly appointed supporter of the person with mental illness ; Section 15A(5)(b) a representative of the person with mental illness , where the person with mental illness has not appointed a supporter ; or Section 15A(5)(c) the guardian of the person with mental illness , where the person with mental illness is a minor.
Section 15AVerify source

Part VII

EMERGENCY ADMISSION

§ 16EMERGENCY ADMISSION - 16. Power to take person suffering from mental disorder into custodyProvision

Police officers who take a person into custody under subsection (1) must deliver that person to a health facility within twenty-four hours, and the police officer bears the burden of proving delivery.

Section 16. Power to take person suffering from mental disorder into custody Section 16(1)(a) any person whom he believes to be suffering from mental illness and who is found within the limits of his jurisdiction; and Section 16(1)(b) any person within the limits of his jurisdiction whom he believes is dangerous to himself or to others, or who, because of the mental illness acts or is likely to act in a manner offensive to public decency; and Section 16(1)(c) any person whom he believes to be suffering from mental illness and is not under proper care and control, or is being cruelly treated or neglected by any relative or other person having charge of him. Section 16(2) A police officer shall deliver the person in the officer’s custody under subsection (1), to a health facility within twenty-four hours. Section 16(2A) The police officer shall bear the burden of proof that the person was delivered to a health facility as required under subsection (2). Section 16(3)(a) a duly appointed supporter of the person with mental illness ; Section 16(3)(a)(i) a duly appointed supporter of the person with mental illness ; Section 16(3)(a)(ii) in the absence of a supporter duly appointed under this Act, a representative of the person with mental illness ; or Section 16(3)(a)(iii) in the case where the person with mental illness is a minor, the guardian of the minor; and Section 16(3)(b) make the necessary arrangements for the person’s treatment ("medical treatment, nursing and care and training under medical supervision") and care. Section 16(4) Deleted by ActNo. 27 of 2022, s. 26. [Act No. 27 of 2022 , s. 26.]
Section 16Verify source

Part VIII

ADMISSION AND DISCHARGE OF MEMBERS OF THE KENYA DEFENCE FORCES

§ 17ADMISSION AND DISCHARGE OF MEMBERS OF THE KENYA DEFENCE FORCES - 17. Admission of member of the Kenya Defence Forces for observation andtreatmentProvision

Medical officers must examine admitted members within forty-eight hours; members may be admitted to a mental health unit for up to fourteen days subject to review; the person in charge must inform the nearest Kenya Defence Forces unit if a member is admitted while away from their unit.

Section 17. Admission of member of the Kenya Defence Forces for observation andtreatment Section 17(1)(a) the medical officer has examined the member of the Kenya Defence Forces within a period of forty-eight hours of the admission; and Section 17(1)(b) for the reasons recorded in the certificate, the member of the Kenya Defence Forces requires admission to a mental health unit for observation and treatment ("medical treatment, nursing and care and training under medical supervision") . Section 17(2) A member of the Kenya Defence Forces may, subject to subsection (3), be admitted to a mental health unit under subsection (1) for an initial period not exceeding fourteen days from the date of admission. Section 17(3)(a) carrying out or causing to be carried out a review of the status of mental health of the member of the Kenya Defence Forces; and Section 17(3)(b) seeking the recommendation of two medical practitioners, one of whom shall be a psychiatrist, and the medical officer of the Kenya Defence Forces for the extended admission of the patient. Section 17(4)(a) they have examined the member of the Kenya Defence Forces within a period of seventy-two hours before issuing the letter; and Section 17(4)(b) for the reasons recorded in the letter it is desirable that the member of the Kenya Defence Forces be discharged from the mental health unit and where the mental health unit is not within a Kenya Defence Forces hospital the member of the Kenya Defence Forces shall be discharged to the nearest Kenya Defence Forces health unit which shall arrange to transport the patient to the Kenya Defence Forces Unit the patient belongs to. Section 17(5) Where any member of the Kenya Defence Forces suffers from mental illness while away from the member’s Kenya Defence Forces unit, and is in any circumstances admitted into a mental health unit , the person in charge shall inform the nearest Kenya Defence Forces unit directly or through an administrative officer or gazetted police officer. Section 17(6) If a member of the Kenya Defence Forces admitted to a mental health unit under this section ceases to be a member of the Kenya Defence Forces while admitted, the relevant authority in the Kenya Defence Forces shall inform the person in charge of that fact and the patient shall be deemed to be an involuntary patient under Part VI admitted from the date the information is received. [Act No. 27 of 2022 , s. 28.]
Section 17Verify source

Part X

REVIEW, DISCHARGE AND TRANSFER OF PERSONS WITH MENTAL ILLNESS

§ 20AREVIEW, DISCHARGE AND TRANSFER OF PERSONS WITH MENTAL ILLNESS - 20A. Review of mental health statusProvision

The Cabinet Secretary must, in consultation with the Kenya Board of Mental Health and the Council of County Governors, prescribe by regulation the procedure for review under this Act.

Section 20A. Review of mental health status Section 20A(1)(a) the nature of the illness; Section 20A(1)(b) the need for care and treatment ("medical treatment, nursing and care and training under medical supervision") ; Section 20A(1)(c) the type of care and treatment ("medical treatment, nursing and care and training under medical supervision") provided; Section 20A(1)(d) the need for referral, transfer or discharge; and Section 20A(1)(e) any other matters related to the mental health status of the person with mental illness . Section 20A(2)(a) the person with mental illness ; Section 20A(2)(b) the mental health care practitioner in charge of managing the person with mental illness ; Section 20A(2)(c) a supporter of the person with mental illness ; Section 20A(2)(d) a representative of the person with mental illness ; Section 20A(2)(e) the person in charge of the facility; Section 20A(2)(f) any other person upon proof of the nature of their interest; or Section 20A(2)(g) the Board ("the Kenya Board of Mental Health established under;") . Section 20A(3) The Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") in consultation with the Board ("the Kenya Board of Mental Health established under;") and the Council of County Governors, shall prescribe in regulation the procedure for review under this Act. [Act No. 27 of 2022 , s. 32.]
Section 20AVerify source
§ 21REVIEW, DISCHARGE AND TRANSFER OF PERSONS WITH MENTAL ILLNESS - 21. DischargeProvision

A person in charge may, by written order and upon recommendation from the treating medical practitioner and mental health practitioner, order the discharge of a person with mental illness; that person shall be discharged as having recovered, and shall also be discharged where treating practitioners decide no further treatment is possible and reintegration and after‑care efforts are being made.

Section 21. Discharge Section 21(1) A person in charge may, by order in writing and upon the recommendation of the medical practitioner and mental health practitioner in charge of the person’s treatment ("medical treatment, nursing and care and training under medical supervision") , order the discharge of a person with mental illness from the health facility and that person shall thereupon be discharged as having recovered from mental illness. Section 21(2) A person with mental illness shall be discharged from the health facility under subsection (1) where the medical practitioner and the mental health practitioner in charge of managing the person make a decision that the person can no longer receive any other or further treatment ("medical treatment, nursing and care and training under medical supervision") from a health facility and appropriate efforts are being made towards re-integration of the person into the community, and for specialized and personalized after-care service. [Act No. 27 of 2022 , s. 33.]
Section 21Verify source
§ 22REVIEW, DISCHARGE AND TRANSFER OF PERSONS WITH MENTAL ILLNESS - 22. Interim dischargeProvision

Persons listed (supporter, representative, or guardian) who intend to take custody must apply; the person in charge may release the person with mental illness into the applicant's custody on conditions; if the applicant later cannot continue care they must report it; the person in charge must readmit the person under prior terms.

Section 22. Interim discharge Section 22(1)(a) the supporter of the person with mental illness ; Section 22(1)(b) the representative of the person with mental illness ; or Section 22(1)(c) where the person with mental illness is a minor, the guardian of the minor. Section 22(2) Any person listed under subsection (1) (a), (b) and (c) who intends to take the person with mental illness into their care and custody under subsection (1) shall apply to the person in charge for the custody and care of the person with mental illness in the prescribed form. Section 22(3) The person in charge shall consider an application under subsection (2) and may release the person with mental illness in to the custody and care of the applicant upon such conditions as the person in charge may impose. Section 22(4) Where a person who takes the custody and care of a person with mental illness under subsection (3) is subsequently unable or unwilling to continue with the care of the person with mental illness such person shall report the matter to the person in charge of the health facility. Section 22(5) The person in charge of the health facility shall admit the person with mental illness back to the mental health unit under the terms and conditions that the person with mental illness had been admitted before delivery to the applicant under subsection (3). [Act No. 27 of 2022 , s. 34.]
Section 22Verify source
§ 23REVIEW, DISCHARGE AND TRANSFER OF PERSONS WITH MENTAL ILLNESS - 23. Transfer of patients in Government hospitalsProvision

A person may be transferred between specified mental health units with approval of the person in charge; consent for transfer must be obtained from a supporter, representative, or guardian in defined situations.

Section 23. Transfer of patients in Government hospitals Section 23(1) A person may, with the approval of the person in charge , be transferred from one national referral hospital mental health unit to another national referral hospital mental health unit or from one county health facility mental health unit to another county health facility mental health unit as the case may be. Section 23(1A)(a) is for the benefit of the person with mental illness ; or Section 23(1A)(b) is necessary for the purpose of obtaining specialized treatment ("medical treatment, nursing and care and training under medical supervision") for such person. Section 23(1B)(a) the person with mental illness ; or Section 23(1B)(b) is unable to give consent, consent shall be obtained from the supporter of the person; Section 23(1B)(b)(i) is unable to give consent, consent shall be obtained from the supporter of the person; Section 23(1B)(b)(ii) has not appointed a supporter , consent shall be obtained from representative of the person; or Section 23(1B)(b)(iii) is a minor, consent shall be obtained from the guardian of the minor. Section 23(2) Where a person is transferred under subsection (1), the person responsible for conveying him shall produce to the person in charge of the health facility to which the transfer is made a certified copy of the order of the Director or the relevant county executive committee member as the case may be. [Act No. 27 of 2022 , s. 35.]
Section 23Verify source

Part XI

REMOVAL OF PATIENTS TO OTHER COUNTRIES

§ 24REMOVAL OF PATIENTS TO OTHER COUNTRIES - 24. Treatment of aperson with mental illnessabroadProvision

A person with mental illness may be transferred from a Kenyan mental health unit to a mental health unit in a foreign country for treatment and care with the Board's approval, subject to inquiry by the Board and prior consent from the foreign authorities.

Section 24. Treatment of aperson with mental illnessabroad Section 24(1) A person with mental illness may be transferred from a mental health unit in Kenya to a mental health unit in a foreign country for subsequent treatment ("medical treatment, nursing and care and training under medical supervision") and care with the approval of the Board ("the Kenya Board of Mental Health established under;") . Section 24(2)(a) the person with mental illness ; Section 24(2)(b) is unable to make application, by the supporter of the person with mental illness ; Section 24(2)(b)(i) is unable to make application, by the supporter of the person with mental illness ; Section 24(2)(b)(ii) has not appointed a supporter , by a representative of the person with mental illness ; or Section 24(2)(b)(iii) is a minor, by the guardian of the minor. Section 24(3) The Board ("the Kenya Board of Mental Health established under;") shall inquire into the case of the person to whom the application under subsection (1) relates in such manner as it considers fit, and if satisfied that the removal is likely to be for the benefit of the person, and that proper arrangements have been made for the proper removal and subsequent treatment ("medical treatment, nursing and care and training under medical supervision") and care, the Board ("the Kenya Board of Mental Health established under;") may by warrant in the prescribed form and subject to subsection (4), direct that the person be delivered to the person named in the warrant for the purpose of being removed to the foreign country specified in the warrant. Section 24(4) A warrant for the removal of a person with mental illness to a foreign country shall not be issued by the Board ("the Kenya Board of Mental Health established under;") under subsection (3) unless a prior consent to receive the person has been obtained from the proper authorities in the foreign country. [Act No. 27 of 2022 , s. 36.]
Section 24Verify source
§ 25REMOVAL OF PATIENTS TO OTHER COUNTRIES - 25. Cost of removal and maintenanceProvision

The costs of removing a person under this Part, their maintenance after removal, return, and sending them elsewhere after discharge must be paid as arranged between the Government and the appropriate authorities of the other country.

Section 25. Cost of removal and maintenance Section The cost of removal under this Part of any person, of his maintenance after removal, of his return and of his being sent, in the event of discharge after recovery, to any place shall be paid in such manner as may be arranged between the Government and the proper authorities in the country concerned: Provided that nothing in this Part shall affect any power to recover any part, or the whole, of the cost of the removal from the property of the person removed or from any person legally liable to maintain him, or otherwise.
Section 25Verify source

Part XII

CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS

§ 26CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS - 26. Application for administrationProvision

Section 26 sets out who may apply for administration (a supporter or, if no supporter appointed, the person's representative), requires particular information to be included with an application, and gives the High Court powers to order service, waive service, and to have the person examined or examined by a qualified registered mental health practitioner.

Section 26. Application for administration Section 26(1)(a) a supporter of the person with mental illness ; or Section 26(1)(b) the representative of the person where the person with mental illness has not appointed a supporter . Section 26(2)(a) the grounds upon which the application is made; Section 26(2)(b) the full particulars as to the property and relatives of the person to whom it relates; and Section 26(2)(c) a certified true copy of the admission or treatment ("medical treatment, nursing and care and training under medical supervision") and particulars in respect of person duly admitted as a person with mental illness . Section 26(3)(a) person in respect of whom the application is made; or Section 26(3)(b) where an application is made by a supporter to the representative of the person with mental illness . Section 26(4) Despite the provisions of subsection (3) the court ("the High Court;") may make an order for the service upon any other person to whom, in the opinion of the court ("the High Court;") , notice of the application should be given. Section 26(5) The court ("the High Court;") may waive the requirement for service under subsection (3)(a) if the court ("the High Court;") considers service impracticable, inexpedient or would be ineffectual. Section 26(6)(a) court ("the High Court;") to examine the person; or Section 26(6)(b) person to be examined by a qualified registered mental health practitioner .
Section 26Verify source
§ 27CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS - 27. Orders of the CourtProvision

The High Court may appoint a manager of the estate of a person with mental illness and shall notify the public in the Gazette of such appointments; any person may object within fourteen days of that Gazette notice.

Section 27. Orders of the Court Section 27(1)(a) an order making provision for the maintenance of the person; Section 27(1)(b) an order making provision for the maintenance of members of the person’s immediate family who are dependent upon the person; and Section 27(1)(c) an order making provision for the payment of the person’s debts. Section 27(2) The court ("the High Court;") may appoint a manager ("any person appointed under Part XII;") of the estate of a person with mental illness for the purposes of safeguarding the property of that person. Section 27(3) The court ("the High Court;") may for the purposes of section (1), appoint the supporter or the representative of the person with mental illness as the manager ("any person appointed under Part XII;") of the estate of the person under subsection (2). Section 27(4) The court ("the High Court;") shall, by notice in the Gazette , inform the public of the appointment of a person as the manager ("any person appointed under Part XII;") of the estate of a person who is suffering from mental illness. Section 27(5) Within fourteen days of the Gazette Notice under subsection (4), any person may lodge an objection to the person appointed as manager ("any person appointed under Part XII;") . [Act No. 27 of 2022 , s. 37.]
Section 27Verify source
§ 28CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS - 28. Duties of amanagerProvision

A manager (any person appointed under Part XII) must perform their duties responsibly, taking into account the best interests of the estate of the person suffering from mental illness.

Section 28. Duties of amanager Section 28(1) Where a manager ("any person appointed under Part XII;") is appointed under this Part, the court ("the High Court;") may, upon considering the nature of the property whether movable or immovable, and subject to subsection (2), make such orders as the court ("the High Court;") may consider necessary for the management of the estate by the manager ("any person appointed under Part XII;") . Section 28(2)(a) mortgage, charge or transfer by sale, gift, surrender or exchange any immovable property of which the estate may consist; Section 28(2)(b) lease any such property for a term exceeding five years; or Section 28(2)(c) invest in any securities other than those authorized under the Trustee Act. Section 28(3)(a) in any company or undertaking in which the manager ("any person appointed under Part XII;") has an interest; or Section 28(3)(b) in the purchase of immovable property under the authority of section 4 (1) (d) of the Trustee Act without prior consent of the court ("the High Court;") . Section 28(4) A manager ("any person appointed under Part XII;") shall perform the manager ("any person appointed under Part XII;") ’s duty under this Act responsibly taking into account the best interests of the estate of the person who is suffering from mental illness. Section 28(5) Every conveyance or other instrument made pursuant to an order of the court ("the High Court;") under this Part shall be valid. [Act No. 27 of 2022 , s. 37.]
Section 28Verify source
§ 29CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS - 29. Inventory of propertyProvision

Section 29 requires an inventory and annual accounts of property and money relating to a person with mental illness; after payment of a prescribed fee supporters, representatives or any interested person may inspect and copy those records; the Public Trustee must report annually to the Cabinet Secretary and the Board; the High Court may summon the manager and make orders if the inventory or accounts are disputed.

Section 29. Inventory of property Section 29(1)(a) the property belonging to the person in respect of whose estate the manager ("any person appointed under Part XII;") has been appointed; Section 29(1)(b) all sums of money, goods and effects the manager ("any person appointed under Part XII;") receives on account of the estate; and Section 29(1)(c) a statement of debts owed by or due to such person with mental illness . Section 29(2) Upon payment of such fee as may prescribed, the supporter , the representative of a person with mental illness or any interested person may inspect and obtain a copy of any inventory, statement or account delivered to the court ("the High Court;") and to the Public Trustee pursuant to subsection (1). Section 29(3) The Public Trustee shall report annually to the Cabinet Secretary ("the Cabinet Secretary for the time being in charge of matters relating to health;") and the Board ("the Kenya Board of Mental Health established under;") on all accounts under subsection (1). Section 29(4) Where a person, by petition to the court ("the High Court;") , disputes the accuracy of any inventory or statement of any annual account made under this section, the court ("the High Court;") may summon the manager ("any person appointed under Part XII;") , inquire summarily into the matter and make such orders as it considers appropriate. [Act No. 27 of 2022 , s. 37.]
Section 29Verify source
§ 30CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS - 30. PenaltyOffence

A manager appointed under Part XII who contravenes this Part commits an offence and may be punished by up to three years' imprisonment or a fine up to two million shillings, or both; loss from mismanagement can be recovered as a civil debt from the manager's estate if the High Court so determines.

Section 30. Penalty Section 30(1) A manager ("any person appointed under Part XII;") who contravenes the provisions of this Part commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding three years or a fine not exceeding two million shillings, or to both. Section 30(2) Where the court ("the High Court;") makes a determination that any property of a person who is mentally ill has been lost due to mismanagement of the estate of the person by the manager ("any person appointed under Part XII;") , the loss shall be recoverable summarily as a civil debt from the manager ("any person appointed under Part XII;") ’s estate. [Act No. 27 of 2022 , s. 37.]
Section 30Verify source
§ 31CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS - 31. Removal ofmanagerProvision

Section 31 provides for removal of a manager, appointment of another manager, transfer of property to the new manager, and accounting to the new manager for money received or disbursed.

Section 31. Removal ofmanager Section 31(1)(a) remove any manager ("any person appointed under Part XII;") appointed under this Part; and Section 31(1)(b) may appoint any other person as manager ("any person appointed under Part XII;") . Section 31(2)(a) transfers the property under the person’s care, and of which the person was a manager ("any person appointed under Part XII;") , to the new manager ("any person appointed under Part XII;") ; and Section 31(2)(b) accounts to the new manager ("any person appointed under Part XII;") for all money received or disbursed by the person in connection with the property.
Section 31Verify source

Part XIII

GENERAL PROVISIONS

§ 40GENERAL PROVISIONS - 40. Letters of patientsProvision

The person in charge or a mental health practitioner must allow a patient to communicate by letters, telephone calls and emails to recipients where practicable.

Section 40. Letters of patients Section 40(1) The person in charge or a mental health practitioner in charge of any patient shall enable communication by the patient through letters, telephone calls and emails to the recipients where practicable. Section 40(2) Deleted by ActNo. 27 of 2022, s. 38. Section 40(3) Deleted by ActNo. 27 of 2022, s. 38. [Act No. 27 of 2022 , s. 38.]
Section 40Verify source
§ 41GENERAL PROVISIONS - 41. Power to refuse reception intomental hospitalProvision

The person in charge may refuse to admit a person with mental illness into the facility if accommodation is insufficient or unsuitable; if they refuse, the person in charge, in consultation with the mental health practitioner, must prescribe and administer an outpatient treatment plan while alternative accommodation is sought.

Section 41. Power to refuse reception intomental hospital Section 41(1) A person in charge may refuse to admit a person with mental illness into the mental facility or unit, if the accommodation within the facility or unit is insufficient or unsuitable. Section 41(2) Where the person in charge refuses to admit the person under subsection (1), the person in charge in consultation with the mental health practitioner in the health facility, shall prescribe and administer an outpatient treatment ("medical treatment, nursing and care and training under medical supervision") plan while alternative accommodation is being sought. [Act No. 27 of 2022 , s. 39.]
Section 41Verify source
§ 42GENERAL PROVISIONS - 42. Protection of persons acting under ActCommencement

Persons acting in pursuance of the Act are exempt from civil or criminal liability if a court finds they acted in good faith and with reasonable care; courts may stay proceedings and award costs when proceedings are without reasonable ground; proceedings are time-barred after six months in most cases; persons retain any defence; the Director of Public Prosecutions must be notified within thirty days of instituting criminal proceedings.

Section 42. Protection of persons acting under Act Section 42(1) Any person who does any act in pursuance or intended pursuance of this Act shall not be under any civil or criminal liability in respect thereof, if the court is satisfied that he has acted in good faith and with reasonable care. Section 42(2) Any proceedings taken against any person for any act under subsection (1) may, upon application to the court in which they are taken, be stayed, if the court is satisfied that there is no reasonable ground for alleging want of good faith or reasonable care, or that the proceedings are frivolous or vexatious, and the court may award to the defendant such costs or compensation, or both, as it considers reasonable. Section 42(3) No proceedings under this section shall be commenced after the expiry of six months from the act complained of or, in the case of a continuance of injury or damage, after the expiry of six months from the discovery of such Act. Section 42(4) Nothing in this section shall be construed as depriving any person of any defence. Section 42(5) The Director of Public Prosecutions shall be notified, within thirty days, of instituting criminal proceedings under this Act in accordance with the provisions of the Office of the Director of Public Prosecution Act (No. 2 of 2013). [Act No. 27 of 2022 , s. 40, Act No. 19 of 2023 , Sch.]
Section 42Verify source
§ 43GENERAL PROVISIONS - 43. Issuance of recommendation or medical certificateProvision

People who own a financial interest in a mental health facility must not sign medical recommendations for admission or medical certificates for sections 10, 14 and 15 unless the person concerned is admitted to the facility or lawfully detained for observation by the signer at the time of signing.

Section 43. Issuance of recommendation or medical certificate Section No medical recommendation for admission of a person to a mental health facility and no medical certificate for the purposes of sections, 10, 14 and 15 shall be signed by any person owning a financial interest in such mental health facility unless the person in respect of whom the recommendation or certificate is signed, is at the time of signing, admitted to the mental health facility or is lawfully detained in some other suitable place for observation as to his mental condition, by the person who signs the certificate. [Act No. 11 of 1993 , Sch., Act No. 27 of 2022 , s. 41.]
Section 43Verify source
§ 44GENERAL PROVISIONS - 44. Correction of admission procedureProvision

If the person in charge discovers a defect in an admission procedure or medical recommendation after someone is admitted to a mental health facility or unit, the person in charge may require the defect to be corrected within fourteen days of admission.

Section 44. Correction of admission procedure Section Where, upon a person being admitted into a mental health facility or unit as the case may be, the person in charge discovers a defect in the admission procedure or the medical recommendation upon which the person was admitted, the person in charge may require the defect to be corrected at any time within fourteen days after the person is admitted into the mental health facility or unit as the case may be. [Act No. 27 of 2022 , s. 42.]
Section 44Verify source
§ 45GENERAL PROVISIONS - 45. Escape frommental health facilityProvision

People admitted to a mental health facility must remain admitted until they leave, are removed, or are discharged under the Act; if an admitted person escapes, police, facility staff, or others authorized by the person in charge may, upon finding them, convey them back into the facility.

Section 45. Escape frommental health facility Section 45(1) Every person admitted into a mental health facility or unit as the case may be under this Act shall remain admitted until the person leaves, is removed or discharged in accordance with this Act. Section 45(2) Where a person who is admitted into a mental health facility or unit, escapes, a police officer, a person employed in such mental health facility or unit, or any other person authorized by the person in charge of the mental health facility or unit may, upon finding such person, convey that person into the mental health facility or unit. [Act No. 27 of 2022 , s. 43.]
Section 45Verify source
§ 46GENERAL PROVISIONS - 46. ComplaintsProvision

Persons with mental illness have a right to lodge complaints about how they were treated by health professionals; supporters, representatives, guardians or other persons may lodge complaints on their behalf; the Authority must decide and report within six months; dissatisfied complainants may appeal to the High Court.

Section 46. Complaints Section 46(1) A person with mental illness shall have the right to lodge a complaint against any health professional with the Kenya Health Professions Oversight Authority established under section 45 of of the Health Act (No. 21 of 2017), for the manner in which the person was treated by the health professional while in the custody, care and control of the health professional. Section 46(2)(a) a duly appointed supporter of that person; Section 46(2)(b) where the person with mental illness has not appointed a supporter , the representative of the person with mental illness ; Section 46(2)(c) where the person with mental illness is a minor, the guardian of the minor. Section 46(3) Where the persons specified under subsection (2) are unable or unwilling to lodge a complaint on behalf of the person with mental illness , any other person may lodge the complaint on behalf of the person with mental illness . Section 46(4) The Authority shall hear and determine the complaint lodged under subsection (1) or (2) within six months and report its findings to the complainant. Section 46(5) Where the complainant is dissatisfied with the decision of the Authority under this section, the complainant may appeal to the High Court. [Act No. 27 of 2022 , s. 44.]
Section 46Verify source

Part XIV

OFFENCES

§ 47OFFENCES - 47. Person other thanmedical practitionersigning certificatesOffence

Anyone who is not a medical practitioner or authorised person and knowingly signs a medical certificate for purposes of this Act commits an offence.

Section 47. Person other thanmedical practitionersigning certificates Section Any person who, not being a medical practitioner or a person approved and authorised by the Director , knowingly and wilfully signs any medical certificate for the purposes of any of the provisions of this Act shall be guilty of an offence. [Act No. 11 of 1993 , Sch.]
Section 47Verify source
§ 48OFFENCES - 48. False certificatesOffence

Medical practitioners who knowingly, wilfully or recklessly certify anything in a certificate under this Act that they know to be untrue commit an offence.

Section 48. False certificates Section Any medical practitioner who knowingly, wilfully or recklessly, certifies anything in a certificate made under this Act, which he knows to be untrue, shall be guilty of an offence.
Section 48Verify source
§ 49OFFENCES - 49. Aiding the escape of person suffering from mental illnessOffence

It is an offence for any person to wilfully assist the escape of a person with mental illness being conveyed to or from, or under treatment in, a mental health facility or to harbour a person with mental illness known to have escaped from such a facility.

Section 49. Aiding the escape of person suffering from mental illness Section Any person who wilfully assists the escape of any person with mental illness being conveyed to or from, or while under care and treatment ("medical treatment, nursing and care and training under medical supervision") in, a mental health facility or unit as the case may be, or who harbours any person suffering from mental illness whom the person knows has escaped from a mental health facility or unit as the case may be, commits an offence. [Act No. 27 of 2022 , s. 45.]
Section 49Verify source
§ 50OFFENCES - 50. Permitting patient to quit mental facility unlawfullyOffence

Persons in charge or employed at a mental health facility must not, through wilful neglect or connivance, permit a patient to leave the facility except under this Act or any other law.

Section 50. Permitting patient to quit mental facility unlawfully Section Any person in charge , or any person employed at a mental health facility or unit as the case may be, who through wilful neglect or connivance permits any patient in the mental health facility or unit as the case may be, to leave such mental health facility or unit other than under this Act or any other law for the time being in force commits an offence. [Act No. 27 of 2022 , s. 46.]
Section 50Verify source
§ 51OFFENCES - 51. Ill-treatmentof person inmental health facilityor unitOffence

People in charge of, or employed at, a mental health facility or unit must not strike, ill‑treat, abuse or wilfully neglect any patient; doing so is an offence.

Section 51. Ill-treatmentof person inmental health facilityor unit Section A person in charge of, or any person employed at, a mental health facility or unit as the case may be, who strikes, ill-treats, abuses or wilfully neglects any patient in the mental health facility or unit as the case may be, commits an offence. [Act No. 27 of 2022 , s. 47.]
Section 51Verify source
§ 52OFFENCES - 52. Dealings with patientsOffence

Anyone who, without the consent of the person in charge, gives, sells or barters any articles or commodities to a patient in a mental health facility (inside or outside the facility grounds) commits an offence.

Section 52. Dealings with patients Section Any person who, without the consent of the person in charge gives, sells or barters any articles or commodity of any kind to any patient in a mental health facility or unit as the case may be, whether inside or outside the grounds of the mental health facility or unit as the case may be shall be guilty of an offence. [Act No. 27 of 2022 , s. 48.]
Section 52Verify source
§ 53OFFENCES - 53. General penaltyOffence

Anyone guilty of an offence under this Act, or who contravenes any provision of this Act or its regulations, is liable on conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both.

Section 53. General penalty Section Any person who is guilty of an offence under this Act, or who contravenes any of the provisions of this Act or of any regulations made under this Act shall, where no other penalty is expressly provided, be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both. [Act No. 27 of 2022 , s. 49.]
Section 53Verify source

Part XV

POWER TO MAKE REGULATIONS AND RULES OF COURT, ETC.

§ 54POWER TO MAKE REGULATIONS AND RULES OF COURT, ETC. - 54. RegulationsProvision

Regulations prescribing the form of the supportive decision-making agreement.

Section 54. Regulations Section prescribing the form of the supportive decision-making agreement;
Section 54Verify source
§ 55POWER TO MAKE REGULATIONS AND RULES OF COURT, ETC. - 55. Rules ofcourtProvision

The Chief Justice may make rules about court procedure under this Act.

Section 55. Rules ofcourt Section The Chief Justice may make rules to provide for any matters relating to the procedure of the court ("the High Court;") , or of a magistrate ("a magistrate holding a subordinate court of the first class;") , under this Act.
Section 55Verify source
§ 56POWER TO MAKE REGULATIONS AND RULES OF COURT, ETC. - 56. Repeal of the Mental Treatment Act (Cap. 248)Repeal

The Mental Treatment Act (Cap. 248) is repealed.

Section 56. Repeal of the Mental Treatment Act (Cap. 248) Section The Mental Treatment Act is repealed.
Section 56Verify source
§ 57POWER TO MAKE REGULATIONS AND RULES OF COURT, ETC. - 57. TransitionCommencement

Licences or orders and mental hospitals created by the Board before this Act commenced are treated as if issued or established under this Act.

Section 57. Transition Section 57(1) Any licences or orders made by the Board ("the Kenya Board of Mental Health established under;") prior to commencement of this Act, shall be deemed to have been issued under this Act. Section 57(2) A mental hospital by the Board ("the Kenya Board of Mental Health established under;") prior to the commencement of this Act shall deemed to have been established under this Act. [Act No. 27 of 2022 , s. 51.]
Section 57Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Board) has been deleted by Act

    Section 5

G–M

4 instruments

  • Health Act

    Sections 2E, 46

  • Health under section 105 of the Health Act

    Section 2

  • Mental Health for the purposes of this Act

    Section 4

  • Mental Treatment Act

    Sections 9, 56

N–S

1 instrument

  • Office of the Director of Public Prosecution Act

    Section 42

T–Z

1 instrument

  • Trustee Act

    Section 28

Recorded versions and source checkpoint

1 version available in this collection

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  • 11 Dec 2023 · currentEnglish

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.