Mental Health Act Faces Slow Implementation

Despite Kenya having a progressive Mental Health Act on paper, experts say its implementation has lagged significantly, leaving many of its benefits unrealised. More than two years after certain reforms, key provisions—including the establishment of a mental health board and regional mental health councils—have not been fully put into practice, sparking concerns over political will, funding, and regulatory follow-through.
One major obstacle is the failure to promulgate the Mental Health Act regulations, which are critical for operationalizing several parts of the law. The Kenya National Commission on Human Rights found in a human-rights audit that the Minister of Health has not issued the required regulations under Section 54, which should define standards for mental‑health facility management, outpatient admission, and patient care.
Budgetary constraints are also cited. The original Act from 1989 envisages a national board and district mental health councils, but chronic underfunding has prevented these bodies from being fully established. According to the Kenya Mental Health Action Plan (2021–2025), Kenya needs to amend the Mental Health Act to align it with newer laws (like the Health Act) and constitutional rights — a reform that has been repeatedly delayed.
Even where legal reforms have been introduced, actual service delivery is not keeping up. A recent national review revealed that fewer than half of Kenya’s counties have fully functional psychiatric units, and some proposed mental health structures remain unstaffed or inactive. Human rights defenders and mental health advocates argue that without full implementation — backed by funding, regulation, and political commitment — the Mental Health Act risks becoming a paper law rather than a force for real change.