Mental Health Act

Section 1. Short title Section This Act may be cited as the Mental Health Act.

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 Heal...

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 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 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 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 servic...

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, a...

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 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 p...

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 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 tre...

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 shi...

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 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 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 Administr...

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 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)...

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 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 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 ("...

Section 5. Functions of theBoard Section deleted by ActNo. 27 of 2022, s. 9.

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 estab...

Section 7. Deleted Section Deleted by ActNo. 27 of 2022, s. 11.

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 4A. Vacancy in theBoard Section dies;

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 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 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 ap...

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 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 un...

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 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 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 ca...

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 writ...

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 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...

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 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...

Section 11. Deleted Section Deleted by ActNo. 27 of 2022, s. 18.

Section 12. Deleted Section Deleted by ActNo. 27 of 2022, s. 19.

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

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(1...

Section 15. Deleted Section Deleted by ActNo. 27 of 2022, s. 23.

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 il...

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...

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;...

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 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...

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 responsi...

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 t...