ADVOKS GLOBAL · KENYA
Health Act
9. Consent
Edition: 2026-07-10 · In force
9. Consent
(1)No specified health service may be provided to a patient without the patient's informed consent unless—(a)the patient is unable to give informed consent and such consent is given by a person—(i)mandated by the patient in writing to grant consent on his or her behalf; or(ii)authorized to give such consent in terms of any law or court order;(b)the patient is unable to give informed consent and no person is mandated or authorized to give such consent, but the consent is given by the next of kin;(c)the provision of a health service without informed consent is authorized by an applicable law or court order;(d)the patient is being treated in an emergency situation;(e)failure to treat the user, or a group of people which includes the user, will result in a serious risk to public health; or(f)any delay in the provision of the health service to the patient might result in his or her death or irreversible damage to his or her health and the patient has not expressly, or by implication or by conduct refused that service.(2)A healthcare provider must take all reasonable steps to obtain the user's informed consent.(3)For the purposes of this section "informed consent" means consent for the provision of a specified health service given by a person with legal capacity to do so and who has been informed as provided for in section 8 of this Act.