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Mental Health Act

2D. Obligation of the County governments

Edition: 2023-12-11 · In force

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2D. Obligation of the County governments

(1)The County governments shall -
(a)provide mental health care, treatment and rehabilitation services within the county health facilities, in particular ensure that level 2, 3, 4 and 5 county health facilities set aside dedicated clinics to offer outpatient services for persons with mental illness;
(b)provide community based care and treatment for persons with mental illness including initiating and organizing community or family based programmes for the care of persons suffering from mental illness;
(c)implement the national policy and strategies relating mental illness and mental healthcare;
(d)allocate funds necessary for the provision of mental healthcare in the county budgets;
(e)provide appropriate resources, facilities, services and personnel capable of dealing with mental illness at the community level;
(f)formulate rehabilitation programmes suitable for persons with mental illness and provide access to after-care service by persons with mental illness after discharge from mental health facilities;
(g)formulate and implement county specific programmes to deal with stigma associated with mental illness;
(h)ensure mental health interventions at county level—
(i)are comprehensive and include prevention, early intervention, treatment, continuing care and prevention from relapse;
(ii)target persons at risk of developing mental illness including children, women, youth and elderly persons;
(iii)target persons affected by catastrophic incidences and emergencies; and
(iv)include education, awareness and training on mental health promotion and interventions; and
(i)provide adequate resources to ensure a person with mental illness lives a dignified life outside the mental health unit by financing efforts towards reintegrating the person into the community.
(2)In ensuring that the county governments meet their obligations under subsection (1), the county executive committee member in each county shall -
(a)advise the Governor on all matters relating to the status of mental health and mental illness in the county;
(b)develop and implement county specific programmes that promote the rights of persons with mental illness in the county;
(c)monitor and evaluate the progress by the county in ensuring that Article 43(1)(a) of the Constitution is realized;
(d)initiate and organise community or family based programmes for the care of persons with mental illness;
(e)co-ordinate the implementation of programmes relating to persons with mental illness in the county developed by National Government;
(f)prepare and publish reports containing statistical or other information relating to programmes and effect of the programmes carried out by the county in relation to persons with mental illness;
(g)advise the Board on the implementation of county specific programmes on mental health;
(h)collaborate with the Board and such other relevant agencies in ensuring a co-ordinated approach in the delivery of mental health services in the respective county;
(i)undertake the collection and dissemination of data on mental health in the respective county; and
(j)co-ordinate the activities of all institutions, private sector institutions, non-governmental organisations and community-based organisation involved in the delivery of mental health services in the county.
(3)The county executive committee member may delegate some or all the functions under this section, to a county mental health council or an officer within the county public service.[Act No. 27 of 2022, s. 5.]
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Source: Kenya Law