Mental Health (Amendment) Bill 2018

THE MENTAL HEALTH (AMENDMENT) BILL, 2018

A Bill for

AN ACT of Parliament to amend the Mental Health Act; and for connected purposes

ENACTED by the Parliament of Kenya, as follows—

  1. This Act may be cited as the Mental Health (Amendment) Act, 2018.
  2. The Mental Health Act, hereinafter referred to as the principal Act, is amended in the long title by deleting the words “mental disorder or mental subnormality with mental disorder; for the custody of their persons and the management and control of mental hospitals” appearing immediately after the words “ are suffering from” and substituting therefor the words “mental illness; for the custody of their persons and the management and control of mental health facilities.”
  3. The principal Act is amended in section 2 by—
  1. deleting the following—

“Director” means the Director of Medical Services; “mental hospital” means a mental hospital established

under section 9;

“person in charge”, in relation to a mental hospital, means the person for the time being authorized by the Director to be in medical charge of the mental hospital;

“Person suffering from mental disorder” means a person who has been found to be so suffering under this Act and includes a person diagnosed as a psychopathic person with mental illness and person suffering from mental impairment due to alcohol of substance abuse;

  1. inserting the following definitions in their proper alphabetical sequence—

“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 counseling 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;

“Director” means the Director-General for Health; “health care provider” means a person who provides

health care services and includes a mental health practitioner;

“mental health facility” means a mental health facility established under section 9;

“person in charge”, in relation to a mental health facility, means the person for the time being authorized by the Director to be in medical charge of the mental health facility;

“person suffering from mental illness” means a person who has been found to be so suffering under this Act and includes a person diagnosed as a psychopathic person with mental illness and person suffering from mental impairment due to alcohol of substance abuse;

“mental health practitioner” means a qualified and duly registered—

  1. psychiatrist under the Medical Practitioners and Dentists Act;
  2. psychologist under the Counsellors and Psychologists Act;
  3. clinical officer under the Clinical Officers (Training, Registration and Licensing) Act; and
  4. counsellor under the Counsellors and Psychologists Act;

“representative” means the spouse, parent, guardian, next of kin, or court appointed representative of the person suffering from mental illness, having legal capacity to make decisions on behalf of the person with mental illness.

  1. The principal Act is amended by inserting the following new sections immediately after section 2—

2A. The purpose of this Act is to provide a framework to—

    1. promote the mental health and well- being of all persons, including reducing the incidences of mental illness;
    2. co-ordinate the prevention of mental illness, access to mental health care, treatment and rehabilitation services of persons with mental illness;
    3. reduce the impact of mental illness, including the effects of stigma on individuals, family and the community;
    4. promote recovery from mental illness and enhance rehabilitation and integration of person with mental illness into the community; and
    5. ensure that the rights of a person with mental illness is protected and safeguarded.

2B. All persons under this Act shall, in the performance of their functions under this Act, be guided by the following principles —

  1. the promotion and fulfilment of the right to the highest attainable standard of health as enshrined under Article 43 of the Constitution;
  2. preservation of the freedom and dignity of every human being;
  3. the fair and equitable treatment of persons with mental illness;
  4. the protection of persons with mental illness from discrimination;
  1. accountability of duty bearers and transparency in the implementation of this Act;
  2. co-ordinated public participation in the formulation and implementation of policies and plans related to care and protection of persons with mental illness;
  3. that interventions for the care and protection of persons with mental illness are based on objective information and methods and monitoring mechanisms and regular evaluations are established, thus ensuring transparency in the management of facilities and care of persons with mental illness.
  1. The principal Act is amended by inserting the following new Part immediately after Part I—

PART IA—OBLIGATIONS OF THE NATIONAL AND COUNTY GOVERNMENTS

2C. The National Government shall—

  1. provide the necessary resources for the provision of mental health care and treatment at National referral health facilities;
  2. collaborate with the county governments in—
    1. the development of the necessary physical and technological infrastructure for the care, rehabilitation and provision of health services to persons with mental illness;
    2. expanding and strengthening community and family-based care and support systems for persons with disability;
  1. put in place mechanisms to ensure the rights of persons with mental illness are realised;
  2. adopt a comprehensive national strategy and plan of action and policies to promote the realisation of the rights of persons with mental illness under Article 43 of the Constitution and put in place measures designed to improve the general welfare and treatment of persons with mental illness;
  3. develop standards to be maintained by mental health facilities including—
    1. the number of qualified health professionals required to serve a mental health facility and more specifically the number of psychiatrists, psychologists, psychiatric nurses, counsellors, and psychotherapists;
    2. the type and quantity of diagnostic and therapeutic equipment required by a mental health facility; and
    3. the medication and methods of care, rehabilitation and treatment to be administered to persons with mental illness.
  4. develop programmes for the rehabilitation of persons with mental illness;
  5. promote research, data collection, analysis and the sharing and dissemination of information on the welfare of persons with mental illness in the Republic; and
  6. carry out sensitization programmes on and promote access to information on the care and
    management of persons with mental
    illness.
  1. (1) The County governments shall—
  1. provide mental health care, treatment and rehabilitation services within the county health facilities, in particular ensure that level 2, 3 and 4 county health facilities set aside dedicated clinics to offer outpatient services for persons with mental illness;
  2. provide community based care and treatment for persons with mental illness including initiating and organizing community or family based programmes for the care of persons suffering from mental illness;
  3. implement the national policy and strategies relating to persons with mental illness within the county;
  4. allocate funds necessary for the provision of mental health care in the county budgets;
  5. provide appropriate resources, facilities, services and personnel capable of dealing with mental illness at the community level;
  6. 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;
  7. formulate and implement county specific programmes to deal with stigma associated with mental illness;
  8. ensure mental health interventions at county level—
    1. are comprehensive and include prevention, early intervention, treatment, continuing care and prevention from relapse;
    1. target persons at risk of developing mental illness including children, women, youth and elderly persons;
    2. target persons affected by catastrophic incidences and emergencies; and
    3. include education, awareness and training on mental health promotion and interventions; and
  1. provide adequate resources to ensure a person with mental illness lives a dignified and life outside the mental health facility by financing efforts towards reintegrating the person in to the community.
  1. In ensuring that the county governments meet their obligations under subsection (1), the county executive committee member in each county shall—
  1. advise the Governor on all matters relating to the status of mental health and mental illness in the county;
  2. develop and implement county specific programmes that promote the rights of persons with mental illness in the county;
  3. monitor and evaluate the progress by the county in ensuring that Article 43 (1) (a) of the Constitution is realized;
  1. initiate and organise community or family based programmes for the care of persons suffering from mental illness;
  2. co-ordinate the implementation of programmes relating to persons with mental illness in the county developed by National Government; and
  3. 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.
  1. The county executive committee member may delegate some or all the functions under this section, to a committee or an officer within the county public service.
  1. The Principal Act is amended by deleting Part II and substituting therefor the following new Part—

PART II—RIGHTS OF PERSONS WITH MENTAL ILLNESS

  1. Every person with mental illness has the right to—
  1. fully participate in the affairs of the community and in any position suitable and based on the person’s interests and capabilities;
  2. access medical, social and legal services for the enhancement of the protection of the rights of the person under the Constitution to live in dignity and security;
  3. protection from physical and mental abuse and any form of discrimination and to be free from exploitation;
  1. take part in activities that promote the person’s social, physical, mental and emotional well-being; and
  2. receive reasonable care, assistance and protection from their family and the State.

3A (1) Every person has a right to the highest attainable standard of mental health services.

  1. A person with mental illness has the right to appropriate, affordable, accessible—
  1. physical and mental medical health care;
  2. counselling;
  3. rehabilitation; and
  4. after-care support.
  1. In the provision of mental health care, priority shall be given to community health and primary mental health care and treatment as opposed to institutionalization of the person with mental illness.
  2. In determining the type of mental health care and treatment suitable under subsection (3), a mental health practitioner shall take in to account the mental health condition of the person with mental illness.
  3. A person in charge shall ensure mental health services are provided in a manner that—
  1. upholds the dignity of the person with mental illness;
  2. takes in to account and allows for treatment 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
  3. 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.
  1. Where a person with mental illness has been discharged from a mental health facility, the person in charge shall ensure that the person with mental illness has access to specialized and personalized after- care services necessary to enable the person live a decent and dignified life outside the mental health facility.

3B. (1) Every health care provider shall, where a person with mental illness is capable of making an informed decision on the need for treatment—

  1. inform the person with mental illness of the person’s right to choose an appropriate form of treatment; and
  2. obtain the written consent of such person before administering any treatment.

(2) Where a person with mental illness is incapable of making an informed decision on the need for treatment, such consent shall be sought and obtained from the representative of that person.

3C. (1) A person with mental illness has a right to participate in the formulation of their treatment plans.

(2) Where a person with mental illness is incapable of exercising the right under subsection (1) due to the nature of the illness, the representative shall be entitled to participate in the formulation of the treatment plans.

3D. (1) A person with mental illness shall have the right of access to medical insurance for the treatment from public or private health insurance providers.

  1. The national and county governments shall provide health insurance for the care and treatment of persons with mental illness.
  2. 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 in obtaining the necessary insurance cover.
  3. 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.

3E. (1) A person with mental illness has the right to protection from physical, economic, social, sexual and other forms of exploitation.

  1. A person with mental illness shall—
  1. not be subjected to forced labour, whether within or outside a mental health facility;
  2. have the right to receive remuneration for any work done, similar to that payable to a person without mental illness.
  1. 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.
  2. A person who witnesses any form of abuse against a person with mental illness shall report the incident immediately to the police, the Board or any other competent authority.

3F. Subject to the Criminal Procedure Code, a person shall not be received or detained for treatment in a mental health facility unless the person is received and detained in accordance with this Act.

3G. (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.

    1. The exercise of the rights under subsection (1) shall only be limited to the extent and in the manner provided for under this Act.

3H. (1) Every person with mental illness, or the representative of such person is, pursuant to Article 35 of the Constitution, entitled to information regarding the person’s—

      1. mental and other health status;
      2. clinical records and other related information maintained by mental health facilities; and
      3. health service providers.
  1. Any representations made by a person with mental illness or the representative of such person shall, on request, form part of the records of the person with mental illness.
  2. The Cabinet Secretary shall make regulations generally on access to information under this section, and without prejudice to the generality of the foregoing, such regulations may provide for—
  1. the procedure for making an application for access to information under this section;
  2. the person entitled to make an application for access to the information under this section;
  1. the procedure for the processing of an application and availing the information applied for;
  2. duration within which the information requested under this section shall be made available;
  3. exceptional circumstances where such information may be withheld.

3I (1) All information regarding the care and treatment of a person with mental illness is confidential.

    1. A person in charge or a mental health practitioner shall not disclose any confidential information, except where such disclosure—
      1. is required by law;
      2. ordered by a court;
      3. is in the public interest;
      4. is necessary to prevent the likelihood of serious harm to the person with mental illness or to others;
      5. is necessary for purposes of treating the person with mental illness; or
      6. is in the best interest of the person with mental illness.

3J. (1) A person with mental illness is entitled to choose and appoint another person to represent them in any manner, including in any complaint procedure or appeal.

  1. Where a person with mental illness is unable to exercise the right under subsection (1) the representative of the person may appoint a person to represent the person with mental illness in any manner, including in any compliant procedure or appeal.
  1. A person with mental illness, the representative of the person or a person appointed under subsection (2) is entitled to, where necessary, the services of an interpreter who shall be made available free of charge.
  2. A person with mental illness, the representative of the person with mental illness or a person appointed under subsection (2) has the right to—
  1. produce at any hearing independent medical reports and such other reports or evidence that is relevant to that person’s mental health status and
  2. attend, participate and be heard in any hearing.

3K. (1) 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.

  1. Upon application, the court may make a determination whether a person with mental illness has legal capacity.
  2. Where, under subsection (2), the court determines that a person lacks legal capacity, the court shall appoint a representative to manage that person’s affairs in accordance with the provisions of this Act.
    1. Section 4 of the principal Act is amended-

(a) by deleting subsection (2) and substituting therefor the following new subsections—

  1. The Board shall consist of—
    1. the Director who shall be the chairperson;
    2. the following persons with knowledge and at least four years’ experience in mental health care—
      1. a psychiatrist nominated by the Medical Practitioners and Dentists Board;
      1. a counsellor or psychologist nominated by the Counsellors and Psychologists Board ;
      2. a nurse nominated by the Nursing Council of Kenya;
      3. a clinical officer nominated by the Clinical Officers Council.
    1. one person nominated by the Kenya National Commission on Human Rights with knowledge and experience in matters related to mental health;
    2. two persons nominated by the Council of County Governors with knowledge and experience in matters related to mental health;
    3. one county director of health nominated from amongst the forty-seven county directors of health by the Council of Governors;
    4. the Director of Mental Health, who shall be the secretary to the Board an ex officio member of the Board.

(2A) The Cabinet Secretary shall appoint the members of the Board nominated under subsection

(2) (b), (c), (d), and (e) by notice in the Gazette.

(2B) A member of the Board under subsection

  1. (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.

(2C) A person is not eligible for appointment as a member of the Board if such person—

    1. has been convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a term of six months or more;
    2. is adjudged bankrupt or has entered into a composition, scheme or arrangement with the person’s creditors;
    3. has been removed from office for contravening the Constitution or any other law; or
    4. has not met any statutory obligations in the conduct of their affairs; or
    1. is disqualified from being appointed under the provisions of any other written law.

(2D) While making the appointments under subsection (2A), the Cabinet Secretary shall take in to consideration—

  1. the one third gender rule; and
  2. diversity of qualifications of the persons being appointed.

(2E) The Secretary to the Board shall be the Chief executive officer of the Board.

(2F) The procedure for the conduct of business and affairs of the Board shall be as set out in the schedule.

  1. by deleting subsection (3);
  2. in subsection (5) by deleting the words “for any purpose or function” appearing immediately after the words “The Board may”; and
  3. by deleting subsection (6) and substituting therefor the following new subsection –

(6) Subject to the Schedule, the Board may regulate the conduct of its business and affairs

    1. The principal Act is amended by inserting the following new sections immediately after section 4—

4A. The office of a member of the Board shall become vacant if the holder—

  1. dies;
  2. resigns from office by notice in writing addressed to the Cabinet Secretary;
  3. is adjudged bankrupt or enters into a composition scheme or arrangement with the person’s creditors;
  4. is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months; or
  1. is removed from office under any of the circumstances specified in section 4B.

4B. The members of the Board may be removed for—

  1. inability to perform the functions of the office arising out of physical or mental incapacity;
  2. gross misconduct;
  3. incompetence or negligence of duty; or
  4. any other ground that would justify removal from office under any written law.

4C. The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board, the county mental health council, or to any member, officer, employee or agent of the Board, 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.

    1. Section 5 of the principal Act is amended—
  1. by deleting the introductory clause of the section and substituting therefor—

5. The function of the Board shall be—

  1. by deleting paragraph (a);
  2. in paragraph (b) by deleting the word “government” appearing at the beginning of the paragraph and substituting therefor the words “national and county governments”;
  3. by deleting paragraph (c) and substituting therefor the following new paragraph—

(c) to set the standards for the establishment of mental health facilities and approve the establishment of national referral mental health facilities;

  1. in paragraph (d) by deleting the word “hospital” appearing immediately after the words “to inspect mental” and substituting therefor the words “health facilities”;
  2. in paragraph (e) by deleting the word “hospital” appearing immediately after the words “of any mental” and substituting therefor the words “health facilities”;
  3. by deleting paragraph (f) and substituting therefor the following new paragraph—

(f) to investigate on its own initiative or upon receiving a complaint from any person regarding the treatment of a person with mental illness at a mental health facility and where necessary to advise the Cabinet Secretary or county executive committee member on appropriate remedial action;

  1. by deleting paragraph (g) and substituting therefor the following new paragraph—

(g) to advise the national and county governments on the care of persons suffering from mental subnormality without mental illness;

  1. by deleting paragraph (h) and substituting therefor the following new paragraphs—

(h) to develop guidelines on emergency treatment of persons with mental illness the procedures to be adhered to during emergency treatment ;

(ha) to collaborate with the Cabinet Secretary responsible for education in developing and integrating in the education syllabus instructions relating to mental health, including instructions on prevention, treatment, rehabilitation and general information on mental health related illness; and

(hb) to prepare reports on prevalence of mental illness in the country and in particular to articulate in the reports an analysis of the specific types of mental illness recorded in every county.

    1. Section 6 of the principal Act is amended-
  1. by deleting subsection (1) and substituting therefor the following new subsections—
    1. There is established the office of the Director of Mental Health which shall be an office in the Public Service.

(1A) The Director of Mental Health shall be competitively recruited and appointed by the Public Service Commission.

(1B) A person shall be eligible for appointment as the Director of Mental Health if that person—

      1. holds a degree in medicine from a university recognized in Kenya;
      2. is registered by the Medical Practitioners and Dentists Board as a mental health practitioner;
      3. has at least ten years’ experience in the practice of medicine, five of which shall be experience at senior management level; and
      4. meets the requirements of Chapter Six of the Constitution.

(1C) The Director shall—

  1. be the chief executive and accounting officer of the Board; and
  2. be responsible to the Board for the day to day administration of the affairs of the Secretariat and implementation of the decisions arising from the Board;

(1D) Without prejudice to the generality of the provisions of subsection (1C), the Director shall be responsible for—

  1. the implementation of decisions of the Board;
  2. directing and supervising the acts of staff of the Board appointed under subsection (2);
  3. the organization, control and management of the Board’s secretariat;
  1. maintaining accurate records on financial matters and resource use of the Board;
  2. ensuring the preparation and approval of the budget for the required funding of the operational expenses of the Board and the Secretariat to the Board; and
  3. performing any other duties as may be assigned by the Board.
    1. The principal Act is amended by deleting section 7.
    1. Section 8 of the principal Act is amended—
  4. in subsection (1) by deleting the words “and the district mental health councils” appearing immediately after the words “of the Board”;
  5. by deleting subsection (2) and substituting therefor the following new subsection—
    1. The remuneration of the Board shall be determined by Cabinet Secretary in consultation with the Salaries and Remuneration Commission.
    1. The principal Act is amended by deleting the heading to Part IV and substituting therefor the following new heading “PART IV-MANAGEMENT OF MENTAL HEALTH FACILITIES, ADMISSION AND TREATMENT OF PERSONS WITH MENTAL ILLNESS”
    2. Section 9 of the Principal Act is amended—
  1. by deleting the word “hospitals” appearing in the marginal note and substituting therefor the words “health facilities”;
  2. by deleting subsection (2) and substituting therefor the following new subsections—

(2) The Board may, by notice in the Gazette, designate a national referral health facility or any other national government facility as a mental health facility.

  1. A county executive committee member may, by notice in the Gazette,

designate a county health facility in the respective county as a mental health facility.

  1. in subsection (3) by deleting the words “during their term of remand or imprisonment of remand prisoners and convicted criminal prisoners who are persons suffering from mental disorder” appearing immediately after the words “reception and treatment” at the end of that section and substituting therefor the words “of prisoners, either remanded or convicted, suffering from mental illness”;
  2. by deleting subsection (4) and substituting therefor the following new subsections—
  1. A person who intends to establish a mental health facility or provide mental health services in an existing county health facility shall make an application for designation of the facility to the respective county executive committee member in the prescribed form.

(4A) An application under subsection (4) shall be submitted together with the prescribed fee and such other information as the county executive committee member shall require.

  1. by deleting subsection (5) and substituting therefor the following new subsection—
  1. The Cabinet Secretary, in consultation with the Board and the Council of County Governors, shall make rules for the control and proper management of mental health facilities including setting the standards to be maintained for mental health facilities.
  1. by subsection (6) and substituting therefor the following new subsections—
  1. A level 3, 4, 5 and 6 health facility which is designated as a mental health facility under this section shall provide for in-patient and out-patient treatment of persons suffering from mental illness.

(6A) Every private mental health facility established under subsection (7) (b) shall have facilities for inpatient and out-patient treatment of persons suffering from mental illness.

  1. by deleting subsection (7).
    1. The Principal Act is amended by inserting the following new sections immediately after section 9—

9A. There may be established—

  1. a public mental health facility operated and managed by the national or a county government; and
  2. a private mental health facility.

9B. (1) A person who intends to establish a mental health facility under section 9A shall submit an application to the Board member in the respective county in the prescribed form together with the prescribed fee.

  1. A premises shall not be used as a private mental health facility under section 9A unless authorized for such purpose by the Board.
  2. A person in charge of a private mental health facility shall be a mental health practitioner that is qualified and duly registered as a-
    1. psychiatrist;
    2. psychologist; or
    3. clinical officer.
  3. A private mental health facility shall be subject to the standards and regulations affecting mental health facilities under this Act.
  4. A person aggrieved by a decision of the Board under this section may appeal to the High Court, and in any such appeal the High Court may annul or vary the decision of the Board as it considers fit.

9C. (1) Where a person, procures or attempts to procure registration under section 9B by making, causing to be made, producing or causing to be produced any false or fraudulent representation or declaration either orally or in writing, that person commits an offence and shall be liable, upon conviction, if the person is a—

  1. natural person, to a fine not exceeding four million shillings or to imprisonment for a term not exceeding ten years, or to both; or
  2. body corporate, to a fine not exceeding ten million shillings.
  1. In addition to the penalty imposed under subsection (1), the Board 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.

9D. A person in charge of a mental health facility shall submit a monthly report to the Board and the county executive committee member on—

  1. the number of voluntary or involuntary patients the mental health facility has received;
  2. the number of voluntary or involuntary patients the mental health facility has discharged;
  3. the number of voluntary patients or involuntary patients still under the care of the mental health facility; and
  4. the number of voluntary or involuntary patients who have died in the course of treatment in the mental health facility.

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.

    1. 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.
    2. Physical restraint or seclusion under subsection (2) shall not be prolonged beyond the period which is strictly necessary to—
  1. administer treatment to the person with mental illness;
  2. allow the person with mental illness to co-habit peacefully with other users within the mental health facility or the person’s family, or with members of the community.
    1. The mental health facility 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.
    2. 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.
    3. The person in charge of a mental health facility shall, within twenty-four hours, give notice of the restraint or seclusion of the person with mental illness to the representative of the person with mental illness.
    4. 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.

9D. (1) The mental health practitioner shall not administer any mental health care, treatment or admit a person under this Part without the person’s informed consent or that of the person’s representative.

(2) A consent under subsection (1) shall be valid if—

  1. the person with mental illness or the person’s representative is competent to give the consent;
  2. consent is given freely without threats or improper inducements;
  3. there is appropriate and adequate disclosure of all relevant information relating to treatment, including information on the type, purpose, likely duration and expected benefits of the treatment;
  4. choices, where available, are given to the person with mental illness in accordance with prescribed clinical practice; and
  5. consent is written and documented in the person with mental illness’ records.
    1. The principal Act is amended by deleting the heading “PART V- VOLUNTARY PATIENTS”.
    2. The principal Act is amended by deleting section 10 and substituting therefor the following new section—

10. (1) A person who presents themselves voluntarily to a mental health facility for treatment or admission shall be entitled to—

  1. receive appropriate care and treatment; or
  2. be referred to an appropriate mental health facility.
  1. Where a person below the age of eighteen years requires admission to a mental health facility for treatment under subsection (1), the parent or guardian of that person shall submit a written application in the prescribed form to the person in charge of a mental health facility for the admission of the child.
  2. Upon receiving a person under this section, the person in charge of the mental health facility shall, within seventy-two hours, review or cause the condition of the person to be reviewed.
  1. The Board shall in consultation with the Council of County Governors formulate guidelines on—
  2. the conditions for admitting and retaining a voluntary patient, beyond forty- two days, after the patient becomes incapable of expressing themselves;
  3. the procedure to be followed by the mental health facility while dealing with a patient admitted under subsection (2), where the parents or guardians of the patient die, become incapable of representing the patient or refuse or neglect to perform their duties under the Act;
  4. the conditions and procedure for discharging a patient under this section; and
  5. prescribe the form to be filled before voluntary admission.
    1. The principal Act is amended by deleting section 11
    1. The principal Act is amended by deleting section 12
    1. The principal Act is amended by deleting section 13
    1. The principal Act is amended by deleting the heading “PART VI- INVOLUNTARY PATIENTS”.
    1. Section 14 of the principal Act is amended—
  1. by deleting the marginal note and substituting therefor the words “Involuntary admission”;
  2. by deleting subsection (1) and substituting therefor the following new subsections—
    1. A person in charge may, upon application, admit a person with mental illness involuntarily or detain involuntarily a person, having been admitted voluntarily, if a qualified mental health practitioner determines, in accordance with this Act, that the person has a mental illness and —
  1. because of the mental illness, there is a serious likelihood of immediate or imminent harm to that person or to other persons; or
  2. in the case a person whose mental illness is severe and whose judgment is impaired, failure to admit or retain the person is likely to—
    1. lead to a serious deterioration in the condition of that person; or
    2. hinder the provision of appropriate treatment that can only be given by admission to a mental health facility in accordance with the principle of the least restrictive alternative.

(1A) An application under this section shall be made in the prescribed form to the person in charge of the mental health facility by a representative of the person with mental illness in the following order—

      1. by the parent or guardian of the person, if not available or unwilling;
      2. by the spouse of the person, if not available or unwilling;
      3. by any other representative of the person; or
      4. where persons in (a), (b) and (c) are not available or willing to make the application, by any other person.

(1B) A person who makes an application under subsection (1A)(d) shall submit together with the application, information regarding—

  1. the reason why it is not made as provided under subsection (1A) (a), (b) or (c);
  2. the connection of the applicant with the person to whom the application relates; and
  3. the circumstances in which the application is made.

(1C) In the case of involuntary admission under this section, the person in charge shall determine or cause to be determined-

  1. whether the person admitted suffers from mental illness and the severity of the illness;
  2. 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 condition if such person is not admitted or treated; and
  3. whether the treatment requires admission or whether it can be administered to the person as an out-patient.

(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.

  1. by deleting subsection (2);
  2. by deleting subsection (5) and substituting therefor the following new subsection—
      1. 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.
  1. by deleting subsection (6) and substituting therefor the following new subsections-
      1. A mental health practitioner shall not recommend that a person received in to a mental health facility as an involuntary patient under subsection (1), be admitted for a period exceeding three months.

(6A) A person in charge may extend the period under subsection (6) for one further period not exceeding three months.

(6B) Despite the foregoing provisions, an involuntary patient under this section shall not be retained in a mental hospital for a continuous period exceeding six months.

  1. by deleting subsection (7).
    1. The principal Act is amended by deleting section 15
    1. The principal Act is amended by deleting the heading “Part VII- Emergency Admission”
  1. The principal Act is amended by inserting the following new section immediately after section 15-

15A. (1) An emergency admission or treatment of a person with mental illness shall be administered on a person where—

  1. there is immediate and imminent danger to the health and safety of the person with mental illness or other people;
  1. the nature of danger under paragraph (a) is such that there needs to be urgent care and treatment to stabilize the person with mental illness; and
  2. 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.
    1. Where the requirements in subsection (1) have been satisfied, the person with mental illness may be—
  1. admitted to the health facility; or
  2. given the necessary treatment based on the assessment carried out by a qualified medical practitioner or other accredited mental health practitioner.
    1. Where emergency treatment is administered and a person is admitted under this section, the person in charge shall, within twenty- four hours of admission, inform the—
  1. spouse of the person;
  2. parent or guardian of the person; or
  3. any other representative of the person.
    1. Emergency admission or treatment under this section shall not be prolonged for a duration longer than—
  1. necessary to stabilize and treat the person with mental illness; or
  2. in any case for a period longer than seventy –two hours.
    1. Where a mental health practitioner determines that the person with mental illness requires care beyond the period under subsection (4), the following persons may, in writing, prolong the time for treatment—
  1. spouse of the person;
  2. parent or guardian of the person; or
  3. any other representative of the person with mental illness.
    1. An appeal against emergency treatment and admission under this section may be lodged with the Board by—
  1. spouse;
  2. parent or guardian; or
  3. any other representative of the person with mental illness.
    1. Section 16 of the principal Act is amended-
  1. in subsection (1) —
    1. by deleting the word “disorder” appearing immediately after the words “suffering from mental” in paragraph (a) and substituting therefor the word “illness”;
    2. by deleting the word “disorder” appearing immediately after the words “because of the mental” in paragraph (b) and substituting therefor the word “illness”;
    3. by deleting the word “disorder” appearing immediately after the words “suffering from mental” in paragraph (c) and substituting therefor the word “illness”;
  2. by deleting subsection (2) and substituting therefor the following new subsection—
  1. A police officer shall deliver the person in the officer’s custody under subsection (1), to a mental health facility within twenty-four hours.

(2A) The police officer shall bear the burden of proof that the person was delivered to a mental health facility as required under subsection (2).

  1. by deleting subsection (3) and substituting therefor the following new subsection—
  1. Upon delivery of a person to a mental health facility under subsection (2), the person in charge of the mental health facility shall, within seventy-hours-
  1. examine or cause the person to be examined to determine whether the person should be–
    1. admitted as an involuntary patient under section 14; or
    2. handed over to the care of a representative of that person;
  2. make the necessary arrangements for the person’s treatment and care.
  3. by deleting subsection (4).
    1. The principal Act is amended in the heading of Part VIII by deleting the words “Armed Forces” and substituting therefor the words “Kenya Defence Forces”.
    2. Section 17 of the principal Act is amended—
  1. in the marginal note by deleting the words “armed forces in to a mental hospital;” appearing immediately after the words “member of” and substituting therefor the words “the Kenya Defence Forces to a mental health facility”;
  2. in subsection (1) by deleting the word—
    1. “hospital” appearing immediately after the words “admitted in to a mental” in the introductory clause and substituting therefor the words “health facility”; and
    2. “hospital” appearing immediately after the words “admitted to a mental” in paragraph (b) and substituting therefor the words “health facility”;
  3. in subsection (2) by deleting the word “hospital” appearing immediately after the words “admitted to a mental” and substituting therefor the words “health facility”;
  4. in subsection (3) by deleting by deleting the words —
    1. “hospital under subsection (1) may be discharged from that hospital” appearing in immediately after the words “admitted to a mental” in the introductory clause and substituting therefor the words “health facility

subsection (1) may be discharged from that health facility”; and

    1. “hospital and where the mental hospital” appearing in immediately after the words “discharged from the mental” in paragraph (b) and substituting therefor the words “health facility and where the mental health facility”
  1. by deleting subsection (4) and substituting therefor the following new subsection—
  1. Where any member of the armed forces suffers from mental illness while away from his armed forces unit, and is in any circumstances admitted into a mental health facility, the person in charge shall inform the nearest armed forces unit directly or through an administrative officer or gazetted police officer.
  1. by deleting subsection (5) and substituting therefor the following new subsection—
  1. If a member of the armed forces admitted to a mental health facility under this section ceases to be a member of the armed forces while admitted, the relevant authority in the armed forces shall inform the person in charge of that fact and the patient shall be deemed to be an involuntary patient under section 14 admitted from the date the information is received.
  1. by inserting the following new subsection immediately after subsection (5)—
  1. In this section reference to the armed forces shall be construed to mean Kenya Defence Forces.
    1. Section 19 of the principal Act is amended—
  1. by deleting subsection (1) and substituting therefor the following new subsections—
    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, the Foreign Government or other relevant authority in that country shall apply in writing seeking the Board’s approval to admit the person.

(1A) A mental health facility shall not receive a person suffering from mental illness from a foreign country without—

      1. the Board’s written approval; and
      2. a warrant and other documents duly authorising the person’s detention in and removal from the foreign country.
  1. by deleting subsection (2) and substituting therefor the following new subsection—
    1. The application under subsection (1) shall indicate that the person to who it relates—
  1. has been legally detained under the laws of the foreign country relating to the detention and treatment of persons suffering from mental illness;
  2. has been detained for a period not exceeding two months; and
  3. that the admission in to a mental health facility in Kenya has been found to be necessary.
  1. by deleting subsection (3) and substituting therefor the following new subsections-
    1. 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.

(3A) The requirements under subsection (1A) shall be sufficient authority for the conveyance to, admission and treatment of a person under this section.

  1. in subsection (4) by deleting the—
    1. words “hospital under this section, not being a person transferred to the mental hospital under section 23,” appearing immediately after the words “under this section,” in the introductory clause and substituting therefor the words “health facility”;
    2. word“ disorder” appearing immediately after the words “extent of mental” in paragraph (a) and substituting therefor the word “illness”;
    1. words “his report on the findings” appearing immediately after the words “to the Board” in paragraph (b) and substituting therefor “the report on the examination under paragraph (a)”.
    1. Section 20 of the principal Act is amended—
  1. in subsection (1) by deleting the words “The Minister may, after consultation with the Minister” and substituting therefor “The Cabinet Secretary may, after consultation with the Cabinet Secretary.”
  2. by deleting subsection (2) and substituting therefor the following new subsection—

(2) A private mental health facility admitting a person under this Part may charge such fees and in such manner as the Cabinet Secretary for the time being responsible for finance in consultation with the Council of County Governors, may from time to time approve in writing.

    1. The principal Act is amended in the heading to Part X by deleting the words “ Discharge and Transfer of Patients” and substituting therefor the words “Review, Discharge and Transfer of Persons with Mental Illness ”
    2. The principal Act is amended by inserting the following new sections immediately after section 20—

20A. (1) The mental health status of a person with mental illness shall be reviewed periodically by a mental health practitioner and such review shall include a review of—

  1. the nature of the illness;
  2. the need for care and treatment;
  3. the type of care and treatment provided;
  4. the need for referral, transfer or discharge; and
  5. any other matters related to the mental health status of the person with mental illness.
  1. The review of the mental health status of a person with mental illness may be initiated by—
    1. the person with mental illness;
    2. the mental health care practitioner in charge of managing the person with mental illness;
    3. a representative of the person with mental illness;
    4. the person in charge of the facility;
    5. any other person upon proof of the nature of their interest; or
    6. the Board.
  1. The Board in consultation with the Cabinet Secretary and the Council of County Governors, shall prescribe in regulation the procedure for review under this Act.

20B. (1) Any decision made under review shall be subject to appeal—

  1. in the first instance to the person in charge of the mental health facility;
  2. a further appeal shall lie to the Board; and
  3. if the person is dissatisfied with the decision of the Board, a further appeal in the third instance shall lie in the court.
    1. The principal Act is amended by deleting section 21 and substituting with the following new section-

21 (1) The person in charge of a mental health facility may, by order in writing and upon the recommendation of the medical practitioner and mental health practitioner in charge of the person’s treatment in the mental health facility, order the discharge of the person admitted to the mental health facility and that person shall thereupon be discharged as having recovered from mental illness.

  1. A person with mental illness shall be discharged from the mental health facility under subsection (1) where the medical practitioner and the medical health practitioner in charge of managing the person make a decision that the person can no longer receive any other or further treatment from a mental 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.
  1. An order under this section shall not be made regarding a person who is detained under the Criminal Procedure Code.
    1. Section 22 of the principal Act is amended—
  1. in subsection (1) by deleting the word “hospital” appearing immediately after the words “into any mental” and substituting therefor “health facility”;
  2. by deleting subsection (2) and substituting therefor the following new subsection—
  1. While exercising the powers under subsection (1), the person in charge of the mental health facility shall, with in forty-eight hours, consult the mental health practitioner in charge of the person’s treatment in the mental health facility.
  1. by deleting subsection (3) and substituting therefor the following new subsection—
  1. A relative or friend who takes a person from a mental health facility under this section but is subsequently unable or unwilling to continue to take care of the person, shall report the matter to the person in charge of the mental health facility from which the person was taken and the person in charge may admit the person back to the mental health facility under the terms and conditions the person with mental illness had been admitted before delivery to the relative or friend.
  1. in subsection (4) by deleting the word “district mental health council” appearing immediately after the words “or the relevant” and substituting therefor the word “county executive committee member”;
  1. by deleting subsection (5); and
  2. by deleting subsection (6) and substituting therefor the following new subsection-

(6) The person in charge of a mental health facility from which a person has been taken into the custody and care of a relative under subsection

    1. may at any time during such custody and upon the recommendations of the medical practitioner and the mental health practitioner in charge of the person’s treatment in the mental health facility order that the person be discharged as having recovered from mental illness.
    1. Section 23 of the principal Act is amended—
  1. by deleting subsection (1) and substituting therefor the following new subsection—
    1. A person may, by order of the Director or the relevant county executive committee member, as the case shall be, be transferred from one national referral mental health facility to another national referral mental health facility or from one county mental health facility to another county health mental facility as the case may be.
  2. by inserting the following new subsection immediately after subsection (1) —

(1A) The Director or the county executive committee member, as the case shall be, shall, before making the order to transfer a person with mental illness under subsection (1), determine whether the transfer—

  1. is for the benefit of the person with mental illness; or
  2. is necessary for the purpose of obtaining specialized treatment for such person.

(1B) Before transferring a person under subsection (1), the person in charge of a mental health facility, shall obtain consent from-

  1. the person with mental illness; or
  1. the representative of the person with mental illness.
  2. in subsection (2) by deleting the words “hospital to which the transfer is made a certified copy of the order of the Director” appearing immediately after the words “charge of the mental” and substituting therefor the words “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”.
    1. Section 24 (1) of the principal Act is amended by deleting the word “disorder and who desires that the person, whether admitted into a mental hospital” appearing immediately after the words “suffering from mental” and substituting therefor “illness and who desires that the person, whether admitted into a mental health facility”.
    2. The principal Act is amended by deleting PART XII and substituting therefor the following new part-

PART XII—CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS

26. (1) An application for an order for the management and administration of the estate of a person with mental illness may be made, in the following order of priority, to the court by—

  1. a parent, or if unable or unwilling;
  2. a spouse, or if unable or unwilling;
  3. the child of that person, where such child has attained the age of eighteen years, or if unable or unwilling;
  4. a relative of the person, or if unable or unwilling; or
  5. a person under whose care or charge the person with mental illness is.
    1. An application under subsection (1) shall be submitted together with an affidavit setting out—
  1. the grounds upon which the application is made;
  2. the full particulars as to the property and relatives of the person to whom it relates;
  3. a certified true copy of the admission or treatment and particulars in respect of person duly admitted as a person with mental illness; and
  4. in the case where the application is made by a person under subsection
    1. (b), (c) (d) or (e), an affidavit duly executed by the person waiving their right of make an application in accordance with the provisions of subsection (1).
  1. A notice of the application under subsection (1) shall, in such manner as the court may direct, be served upon the—
  1. person in respect of whom the application is made; or
  2. representative of the person with mental illness.
  1. Despite the provisions of subsection (3) the court may make an order for the service upon any other person to whom, in the opinion of the court, notice of the application should be given.
  2. The court may waive the requirement for service under subsection (3)(a) if the court considers service impracticable, inexpedient or would be ineffectual.
  3. The court may, in order to have a report of the mental capacity and condition of such person in relation to whom the application is made, require the person to present themselves at a place and time appointed by the court, for the—
    1. court to examine the person; or
    2. person to be examined by a qualified registered mental health practitioner.

27. (1) The court may make such an order as it considers necessary for the administration and management of the estate of any person with mental illness including—

  1. an order making provision for the maintenance of the person;
  2. an order making provision for the maintenance of members of the person’s immediate family who are dependent upon the person; and
  3. an order making provision for the payment of the person’s debts.
  1. The court may appoint a manager of the estate of a person with mental illness for the purposes of safeguarding the property of that person.
  2. The court shall, by notice in the Gazette, inform the public of the appointment of a person as the manager of the estate of a person who is suffering from mental illness.
  3. Within fourteen days of the Gazette Notice under subsection (3), any person may lodge an objection to the person appointed as manager.

29. (1) Where a manager is appointed under this Part, the court may, upon considering the nature of the property whether movable or immovable, and subject to subsection (2), make such orders as the court may consider necessary for the management of the estate by the manager.

    1. The manager shall not, without the approval of the court—
  1. mortgage, charge or transfer by sale, gift, surrender or exchange any immovable property of which the estate may consist;
  2. lease any such property for a term exceeding five years; or
  3. invest in any securities other than those authorized under the Trustee Act.
    1. A manager shall not invest any funds or property belonging to the estate managed under this section—
  1. in any company or undertaking in which the manager has an interest; or
  2. in the purchase of immovable property under the authority of section 4 (1) (d) of the Trustee Act without prior consent of the court.
    1. A manager shall perform the manager’s duty under this Act responsibly taking into account the best interests of the estate of the person who is suffering from mental illness.
    2. Every conveyance or other instrument made pursuant to an order of the court under this Part shall be valid.

30. (1) A person appointed to be a manager of the estate of a person with mental illness under this Part shall, in the prescribed form, within six months of the date of appointment, deliver to the court and to the Public Trustee an inventory of—

  1. the property belonging to the person in respect of whose estate the manager has been appointed;
  2. all sums of money, goods and effects the manager receives on account of the estate; and
  1. a statement of debts owed by or due to such person with mental illness.
      1. Upon payment of such fee as may be prescribed, 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 and to the Public Trustee pursuant to subsection (1).
      2. The Public Trustee shall report annually to the Cabinet Secretary and the Board on all accounts under subsection (1).
      3. Where a person, by petition to the court, disputes the accuracy of any inventory or statement of any annual account made under this section, the court may summon the manager, inquire summarily into the matter and make such orders as it considers appropriate.

31. (1) A manager 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.

(2) Any property of a person who is mentally ill which is lost due to maladministration of the person’s estate shall be a civil debt recoverable summarily from the manager’s estate.

  1. (1) The court may, on its own motion or upon application, for sufficient cause—
  1. remove any manager appointed under this Part; and
  2. may appoint any other person as manager.
  1. In exercising its power under subsection (1), the court may make such order as it considers necessary to ensure that the person removed as manager—
    1. transfers the property under the person’s care, and of which the person was a manager, to the new manager; and
    2. accounts to the new manager for all money received or disbursed by the person in connection with the property.
    1. Section 40 of the principal Act is amended by deleting—
  1. subsection (1) and substituting therefor the following new subsection-
    1. The person in charge of a mental health facility or a mental health practitioner in charge of any patient in the mental health facility shall forward all letters written by the patient and addressed to the Board or relevant county executive committee member, or to any member of the Board as soon as practicable after such letters come to the notice of the person in charge.
  2. subsection (3) and substituting therefor following new subsection—
  1. A person in charge of a mental health facility and a mental health practitioner in charge of any patient in a mental health facility shall be entitled to examine and at the discretion of the person, retain any letters addressed to person with mental illness other than to those mentioned in subsection (1).
    1. Section 41 of the principal Act is amended by deleting the words “hospital may refuse to receive any person into the hospital” appearing immediately after the words “charge of a mental” and substituting therefor the following words “health facility may refuse to receive any person into the health facility”.
    2. Section 42 of the principal Act is amended by deleting subsection (5) and substituting therefor the following new subsection—

(5) The Director of Public Prosecution 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.

    1. The principal Act is amended by deleting section 43 and substituting therefor the following new section—
  1. 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.

42. The principal Act is amended by deleting section 44 and substituting therefor the following new section—

  1. Where, after a person has been admitted into a mental health facility, the person in charge discovers any 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.

43. The principal Act is amended by deleting section 45 and substituting therefor the following new section—

  1. (1) Every person admitted into a mental health facility under this Act shall remain admitted until the person leaves, is removed or discharged in accordance with this Act.
  1. Where a person who is admitted into a mental health facility escapes, a police officer, person employed in such mental health facility or any other person authorized by the person in charge of the mental health facility may, upon finding such person, convey that person into the mental health facility.
  1. The principal Act is amended by deleting section 46
  1. The principal Act is amended by deleting section 49 and substituting therefor the following new section—
    1. Any person who wilfully assists the escape of any person suffering from mental illness being conveyed to or from, or while under care and treatment in, a mental health facility, or who harbours any person suffering from mental illness whom the person knows has escaped from a mental health facility, commits an offence.

46. The principal Act is amended by deleting section 50 and substituting therefor the following new section—

    1. Any person in charge of, or any person employed at a mental health facility who through wilful neglect or connivance permits any patient in a mental health facility to leave such mental health facility other than under this Act or any other law for the time being in force commits an offence.

47. Section 51 of the principal Act is amended—

    1. Any person in charge of, or any person employed at, a mental health facility who strikes, ill-treats, abuses or wilfully neglects any patient in the mental health facility shall be guilty of an offence; but nothing in this section shall be deemed to make it an offence for the person in charge of, or any person employed at, a mental health facility to take steps he considers necessary in the interests of a patient to prevent the patient from causing physical injury to himself or to others.
      1. Section 52 of the principal Act is amended by deleting the words “hospital, whether inside or outside the grounds of the mental hospital” appearing immediately after the words “patient in a mental” and substituting therefor the words “health facility, whether inside or outside the grounds of the mental health facility”
      2. Section 53 of the principal Act is amended by deleting the words “ten thousand shillings” appearing immediately after the words “fine not exceeding” and substituting therefor “five hundred thousand shillings.”
      3. Section 54 of the principal Act is amended by deleting the introductory clause and substituting therefor the following clause-

54. The Cabinet Secretary shall, in consultation with the Board and the Council of County Governors, make regulations regarding-

      1. Any licences or orders made by the Board prior to commencement of this Act, shall be deemed to have been issued under this Act.
      2. Section 19 of the Health Act is amended in subsection (5) paragraph (c) by inserting the words “including mental health services” immediately after the words “all health services”.

 

SCHEDULE. (section 4)

CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD

  1. (1) The Board shall meet at least once in every month to conduct the business of the Board.
    1. The Chairperson shall convene the ordinary meetings of the Board at the premises of the Board.
    2. Despite the provisions of sub-paragraph (1), the Chairperson shall, upon a written request by at least five members of the Board, convene a special meeting of the Board at any time where he considers it expedient for the transaction of the business of the Board.
    3. Unless three quarters of the total number of the members of the Board otherwise agree, at least fourteen days written notice of every meeting of the Board shall be given to every member of the Board by the Secretary.
    4. The quorum for the conduct of the business of the Board shall be five members.
    5. The Chairperson shall preside at every meeting of the Board at which the Chairperson is present and in the absence of the Chairperson absence, the members of the Board present shall elect one person from their number to preside over the meeting of the Board and he shall have all the powers of the Chairperson.
    6. Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairperson or person presiding over the meeting shall have a casting vote.
    7. The proceedings of the Board shall not be invalidated by reason of a vacancy within its membership.
    8. Subject to provisions of this Schedule, the Board may determine its own procedure and the procedure for any committee of the Board and for the attendance of other persons at its meetings thereof.
    9. The Board shall determine the procedure for the county mental health councils and for attendance of other persons at the councils’ meeting.
  2. (1) If a member is directly or indirectly interested in any contract, proposed contract or other matter before the Board and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, he shall, at the meeting and as soon as reasonably practicable after the commencement thereof, disclose his interest in the matter and shall not take part in the deliberations over, or vote on, the matter.
  1. A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.
  2. Any contract or instrument which if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorized by the Board for that purpose.

 


Created on Feb. 1, 2019, 6:43 p.m.
Submitted by: Derrick Makhandia

Annotations

All Annotations








You are not logged in.

Comments

You must login or register to comment


Am late for comment but remember mental health is extensively stigmatized in Kenya. You need to rethink the labels. Try to use mental health more than mental illness as an effort to help citizens understand that all can at some point in their lifetime get mental health challenges though for others their daily lives are severely dictated by mental illness. I suggest you also include govt funded vocational programs and community programs. Therefore after one is stabilized then when ready the individual could become transitioned into the community. Remember all must have quality of living whether in an institution or in the community. Change places like mathare. As you set up the bill, always imagine you are setting it up with you specifically in mind

Replies to this comment

You must login or register to comment


Thanks for this bill.

Replies to this comment

You must login or register to comment