ADVOKS GLOBAL · KENYA
Mental Health Act
16. Power to take person suffering from mental disorder into custody
Edition: 2023-12-11 · In force
16. Power to take person suffering from mental disorder into custody
(1)Any police officer of or above the rank of inspector, officer in charge of a police station, administrative officer, chief or assistant chief may take or cause to be taken into his custody—(a)any person whom he believes to be suffering from mental illness and who is found within the limits of his jurisdiction; and(b)any person within the limits of his jurisdiction whom he believes is dangerous to himself or to others, or who, because of the mental illness acts or is likely to act in a manner offensive to public decency; and(c)any person whom he believes to be suffering from mental illness and is not under proper care and control, or is being cruelly treated or neglected by any relative or other person having charge of him.(2)A police officer shall deliver the person in the officer’s custody under subsection (1), to a health facility within twenty-four hours.(2A)The police officer shall bear the burden of proof that the person was delivered to a health facility as required under subsection (2).(3)Upon delivery of a person to a health facility under subsection (2), the person in charge of the health facility shall, within seventy-hours—(a)examine or cause the person to be examined to determine whether the person should be admitted as an involuntary patient under section 14 or handed over to the care of—(i)a duly appointed supporter of the person with mental illness;(ii)in the absence of a supporter duly appointed under this Act, a representative of the person with mental illness; or(iii)in the case where the person with mental illness is a minor, the guardian of the minor; and(b)make the necessary arrangements for the person’s treatment and care.