Mental Health Act (Cap 248) and Legal Application
The Mental Health Act (Cap 248) is an act of parliament designed to amend and consolidate
the laws relating to the care and management of persons suffering from mental disorders, or
mental sub-normality with mental disorder. It covers their care, custody, the management of their
properties, and the control and management of mental health facilities in Kenya.
Key Provisions of the Mental Health Act
1. Purpose of the Act:
o Provides procedures for admission into mental hospitals in Kenya.
o Ensures that no person is admitted or detained for treatment in a mental hospital
unless done under the stipulated procedures of the Act.
2. Kenya Board of Mental Health:
o The Act establishes the Kenya Board of Mental Health for the administration of
the Act.
o The Board’s functions include coordinating mental health activities, advising the
government on mental health care, inspecting mental health facilities, and
recommending remedial action where necessary.
3. Composition of the Board:
o Chairman: Appointed by the Minister (Director of Medical Services or Deputy
Director).
o Members: Psychiatrist, clinical officer, psychiatric nurse, representative of the
Commissioner of Social Services, Director of Education, and a representative
from each province in Kenya.
Key Sections of the Mental Health Act
Part V - Voluntary Patients (Section 10)
A voluntary patient is a person who agrees to be admitted to a mental health facility and
consents to treatment.
• Forms to be filled:
o MOH 613 (Duplicate): For patients aged 16 years and above who voluntarily
wish to submit themselves for treatment, they fill out this form in duplicate to
indicate their request for admission. It must be signed and submitted to the person
in charge of the mental institution.
o MOH 637 (Duplicate): For minors (under 16 years) whose parent or guardian
wishes to admit them voluntarily for treatment. This form must be completed and
signed by the guardian or parent.
Part VI - Involuntary Patients (Section 14)
An involuntary patient is someone who is unable to express consent or refusal for treatment.
This section applies when a person is admitted without their consent, usually based on a family
member's application.
• Forms to be filled:
o MOH 614 (Duplicate): Filled out by a relative (husband, wife, or another family
member) when applying for involuntary admission. The relative must provide
reasons for the admission, including why the patient is unable to make the
application.
o MOH 615: Completed by the doctor who examines the patient, stating why the
patient requires treatment. The form must include the doctor's name,
qualifications, date, and signature.
Note: Forms MOH 614 and MOH 615 must reach the hospital within 14 days of being signed;
otherwise, they become invalid.
Part VII - Emergency Admissions (Section 18)
In emergency situations, a police officer, chief, or assistant chief can arrest and take a person
who is deemed dangerous to themselves or others to a mental health facility for treatment. The
patient must be reviewed after 72 hours.
• Form to be filled:
o MOH 638: This form is filled by the police officer or administrative officer for
emergency admission. It outlines why the individual is being brought for
treatment.
Part VIII - Admission and Discharge of Members of the Armed Forces (Section 17)
This section provides for the admission of members of the armed forces into mental health
facilities for observation, with the necessary approvals.
• Form to be filled:
o The medical officer of the armed forces issues a letter certifying that the
member has been examined and should be admitted for observation and treatment.
Admission for members of the armed forces is initially for 28 days. This period can be extended
by two medical practitioners' recommendation, one of whom must be a psychiatrist.
.
Part IX – Admission of a Patient from Foreign Countries (Sections 18 & 19 of the
Mental Health Act)
Section 18: Admission of Foreign Nationals to Mental Hospitals in Kenya
• General Rule:
No individual suffering from a mental disorder shall be admitted to a mental hospital in
Kenya from a foreign country unless the conditions laid out under Part IX of the Mental
Health Act (M.H.A.) are met.
• Exemption:
This part does not apply to individuals who are ordinarily residents in Kenya. It only
applies to individuals from outside Kenya.
Section 19: Procedure for Admission of a Foreign Patient for Observation or Treatment
This section provides a detailed procedure for the admission of a foreign patient to a Kenyan
mental hospital.
• Application for Admission:
If an individual from a foreign country needs to be admitted to a Kenyan mental hospital
for observation or treatment, the relevant government authority or other relevant
authority in the foreign country must apply to the Mental Health Board in Kenya for
approval.
No Kenyan mental hospital can admit a foreign patient without the written approval from
the Mental Health Board.
• Application Requirements:
The foreign country's application must include the following:
o The person has been legally detained in the foreign country for up to two months
under the relevant laws related to the detention and treatment of persons with
mental disorders.
o The foreign authority must indicate that the admission into a Kenyan mental
hospital has been found necessary.
• Necessary Documentation:
The individual seeking admission must be accompanied by the following:
o Warrant or other documents from the foreign country.
o Written approval from the Kenyan Mental Health Board, which serves as
sufficient legal authority for the individual's admission and treatment in Kenya.
• Examination and Reporting Requirements:
Upon the patient's admission to the mental hospital in Kenya:
o The person in charge of the hospital must examine the patient within 72 hours
(or a longer period as approved by the board) to assess the extent of the mental
disorder and determine the necessary treatment.
o A report must be submitted to the Mental Health Board within the specified
period, including the findings of the examination and the accompanying
documents from the foreign country.
• Duration of Detention:
The person cannot be detained in the Kenyan mental hospital for longer than two months
from the admission date unless the Mental Health Board approves an extension upon a
formal request from the person in charge of the hospital.
Part X – Discharge and Transfer of Patients (Sections 21 & 22 of the Mental
Health Act)
Section 21: Discharge of a Patient
• Discharge Procedure:
The person in charge of the mental hospital may, upon the recommendation of the
medical practitioner treating the patient, order the discharge of the patient if they have
recovered from the mental disorder.
o Written Order: The discharge must be authorized by a written order.
• Exclusions:
o The discharge procedure cannot be applied to a patient who is detained under
criminal procedure (as per Cap 75).
o This section does not interfere with the Mental Health Board's powers under
Section 15, which allows the board to order the discharge or further management
of the patient.
Section 22: Transfer of a Patient to the Care of a Relative or Friend
• Custody Transfer Request:
If a relative or friend of a patient admitted under the Mental Health Act wishes to take the
patient into their custody and care, they can apply to the person in charge of the hospital
for permission.
• Conditions for Custody Transfer:
If the application is approved, the person in charge can order the transfer of the patient
to the care of the relative or friend, subject to terms and conditions.
• Consultation Requirement:
Before making the decision, the person in charge must consult with the medical
practitioner in charge of the patient's treatment and the Mental Health Board or the
relevant district mental health council performing the board’s functions.
Part XIV – Offences under the Mental Health Act (Sections 47-53)
This section outlines various offenses related to the administration of mental health care under
the M.H.A.
Section 47: Unqualified Individuals Signing Certificates
• Offense for Non-Medical Practitioners:
It is an offense for anyone other than a medical practitioner to sign certificates related to
mental health assessments or admission under this act.
Section 48: Falsifying Certification
• Offense for Falsifying Certificates:
Any medical practitioner who knowingly or recklessly certifies information in a
certificate under the M.H.A. that they know to be false shall be guilty of an offense.
Section 49: Assisting a Patient’s Escape
• Assisting Escape:
It is an offense for anyone to assist in the escape of a person suffering from a mental
disorder who is being conveyed to or from a mental hospital, or while under care in the
hospital.
• Harboring an Escaped Patient:
It is also an offense to harbor any patient who has escaped from a mental hospital,
knowing that they have escaped.
Section 50: Unlawfully Permitting a Patient to Leave
• Permitting Unauthorized Departure:
Any person in charge of or employed at a mental hospital who unlawfully permits a
patient to leave the hospital will be guilty of an offense.
Section 51: Abuse or Neglect of a Patient
• Ill Treatment or Neglect:
Any person in charge of, or employed at, a mental hospital who strikes, ill-treats,
abuses, or wilfully neglects a patient will be guilty of an offense.
Section 52: Unauthorized Transfer of Articles to a Patient
• Unauthorized Goods:
It is an offense for any person to give, sell, or barter any articles or commodities to a
patient in a mental hospital without the consent of the person in charge of the hospital,
whether inside or outside the hospital grounds.
Section 53: General Penalty
• Penalty for Offenses:
Any person found guilty of an offense under the M.H.A. or who contravenes any
provision or regulation of the act, without any other specified penalty, may be subject to:
o A fine not exceeding Ksh 10,000.
o Imprisonment for a period not exceeding 12 months, or both fine and
imprisonment.
