ADVOKS GLOBAL · KENYA
Mental Health Act
9F. Informed consent
Edition: 2023-12-11 · In force
9F. Informed consent
(1)A mental health practitioner shall not administer mental health care, treatment or admit a person to a mental health facility or unit under this Part without the informed consent of —(a)the person with mental illness;(b)the supporter of that person, where the person with mental illness is unable at the particular time to give consent;(c)the representative of that person, where the person with mental illness has not appointed a supporter; or(d)the guardian of the person with mental illness, where the person with mental illness is a minor.(2)Consent under subsection (1) shall be valid if —(a)given freely without threats or improper inducement;(b)there is appropriate and adequate disclosure of all relevant information relating to the treatment, including information on the type, purpose, likely duration, side effects and expected benefits of the treatment;(c)choices are given to the persons under subsection (1), in accordance with prescribed clinical practice;(d)where consent is sought from a person under paragraph (b), (c),(d), the person is competent to give the consent; and(e)consent is written and recorded in the records of the person with mental illness.