Mental Health Act Faces Slow Implementation

Several health advocates and legal experts are sounding the alarm about delayed implementation of Kenya’s Mental Health Act, despite its passage more than two years ago. According to a recent Business Daily commentary, much of the law’s promise remains unfulfilled, with mental health systems still underfunded and services failing to reach the majority of Kenyans.
A critical issue is the failure to promulgate regulations that are mandated under the Act. A human‑rights audit by the Kenya National Commission on Human Rights (KNCHR) found that the Minister of Health has not issued the required regulations — such as those governing mental health facility management, patient admission, and outpatient care — thereby stalling effective enforcement of the law. Without this legal framework, key protections and operational standards cannot be fully realized.
Another pressing concern is prolonged detention of recovered mental health patients. At Mathari National Teaching and Referral Hospital, patients who were initially committed by court order remain institutionalized long after recovery due to complex legal procedures and lack of a fast-track release mechanism. Advocates argue this undermines patient rights and worsens hospital overcrowding.
Although the Ministry of Health recently made a landmark move by integrating mental health services into the national insurance benefits package — a step aligned with the Mental Health Act — mental health experts warn that without proper regulation, stronger funding, and more professionals, much of the law’s spirit risks remaining on paper.