ADVOKS GLOBAL · KENYA
Mental Health Act
10. Voluntary admission of a patient
Edition: 2023-12-11 · In force
10. Voluntary admission of a patient
(1)A person who presents themselves voluntarily to a mental health facility or unit for treatment or admission shall be entitled to—(a)receive appropriate care and treatment; or(b)referral where necessary to an appropriate mental health facility or unit.(2)Where a minor requires admission to a mental health facility or unit, for treatment under subsection (1), the guardian of that person shall submit a written application, in the prescribed form, to the person in charge of a mental health facility or unit as the case may be, for the admission of the minor.(3)Upon receiving a person under this section, the person in charge of the mental health facility or unit, as the case may be shall, within seventy-two hours, review or cause the condition of the person to be reviewed.(4)The Cabinet Secretary shall in consultation with the Board and the Council of County Governors formulate guidelines on—(a)the conditions for admitting and retaining a voluntary patient, beyond forty-two days, after the patient becomes incapable of expressing themselves;(b)the procedure to be followed by the mental health facility or unit in dealing with a patient admitted under subsection (2), where the guardian of the person with mental illness—(ii)becomes incapable of supporting or representing the person with mental illness as the case may be; or(iii)refuses or neglects to perform their duties under the Act;(c)the conditions and procedure for discharging a patient under this section; and(d)prescribe the form to be filled before voluntary admission.