M-Wakili

Mental Health Bil I2014 - as Plain Text by MWakili

SPECIAL ISSUE Kgnya Gazette Supplement No.6l (Natiorul Assenbly Bills No.22) REPI.JBLIC OF KENYA KENYA GAZETTE SITPPLEMENT NATIONAL ASSEMBLY BILLS, 2014 NAIROBI, 22nll April, 2014 CONTENT, Bill for Introduction into the National Assembly- PAGE The Mental Health BilI,2014 .2523 PRINTED AND PUBUSHED BY TTIE GOVERNMENT PRJNTER, NNROBI tI 2523 THE MENTAL HEALTH BILL,2OI4 ARRANGEMENT OF CLAUSBS Clause PART I_PRELIMINARY I -Short title.

2- Interpretation.

3-Objects and purposes of the Act.

PART II-ACCESS TO MENTAL HEALTH CARE 4-Cost, accessibility, etc.

of health services.

5-Quality of health services.

6*Responsibility of national and county governments.

7 -Counselling and aftercare services.

8-Promotion of community mental health care.

9-Mental health interventions in primary care.

l0-Access to medication and psychosocial interventions.

II -iAccess to medical insurance.

PART III-DETERMINATION OF MENTAL IT,I,NESS I2- Determination of mental illness.

l3-Principles for determination of mental illness.

I4- Determination by medical practitioner.

PART IV;RIGHTS OF PERSONS \ryITTI MENTAL ILLNESS AND DUTIES OF MENTAL HEALTH CARE PROVIDERS l5-Right to mental health services.

I6- Protection from discrimination.

17 -Legal capacity.

I8 -Consent to treatment.

I9-Access to information.

20- Confi dentiality of information.

'21 -Disclosure of confidential information.

2?-Conditions at mental health care facilities.

11i 2524 The Mental Health Bill, 2014 23-Persons not to be subjected to forced labour.

Z|-Protection against abuse and cruel and degrading treatment.

25-Person to be informed of rights.

26-Rights of families and carers of persons with mental illness.

27 -Besl practices.

28 - Ri ght to representation.

29-Right to participate in treatment planning.

PART V_PROVISIONS ON ADMISSION AND TREATMT]NT 30-Vol untary admission.

3l -'lnformed consent.

32- Involuntary admi ssion.

33- Emergency admission and treatment.

34-Considerations for emergency cases.

35 - Duration of emergency treatment.

PART VI_MENTALLY ILI, OFFENDERS 36-Facilities for mentally ill offenders.

PART VII_SECLUSION AND RESTRAINT 37-Seclusion or restraint to be in accordance with the law.

38-Conditions for restraint or seclusion.

P.ART VIII-REVIEW, APPEALS, DISCHARGE AND TRANSFER OF PERSON WITH MENTAL ILLNBSS 39- Review of mental health status.

40-Appeals.

4l -Discharge of person with rnental illness.

42-'f ransfer of person with mental illness.

PART IX-CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL II,LNESS 43 - Appl ication for admi nistration.

44- Receipt of evidence.

45 - Order for adrni nistration.

46-Duties of a manager.

/ I The Mental Heahh Bill,20l4 2525 47 -lnventory of property.

48-Penalty.

49-Removal of manager.

PART X-MENTAL HEALTH BOAR,D 50-Establishment of the Board.

5l -Functions of the Board.

52-Membership of the Board.

53-Powers of the Board.

54-Conduct of business and affairs of the Board.

55-Delegation by the Board.

56-Remuneration of members of the Board.

57 -Chief Executive Officer.

58-Staff.

59 The gommon seal of the Board.

60- Protection from personal liability.

6l -Liability for damages.

PART XI -FINANCIAL PROVISIONS 62-F-unds of the Board.

63-Financial year.

64-Annual estimates.

65-Accounts and audit.

56- Investrnent of funds.

PART XII -MISCELLANEOUS PROVISIONS 67-General penalty.

68-Repeal.

PANT XIII.

PROYISIONS ON DELEGATED POWERS 69-Regutrations.

FIRST SCHEDULE -TRANSITIONAL PROVISIONS SECOND SCHEDULE_PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARI) The Mental Heahh Bill,20l4 THE MENTAL HEALTH BILL,2014.

A Bitl for AN ACT of Parliament to provide for the prevention of mental illnesses, care, treatment and rehabilitation of persons with mental illness; to provide for the procedures for admission, treitment and general management of persons with mental illness; to' provide for the establishment of the Mental Health Board and for connected purposes ENACTED by the Parliament of Kenya, as follows- PART I-PRELIMINARY l.

This Act dray be cited as the Mental Health Act, shortrirre.

20t3.

2, In this Act, unless the context otherwise requires - "Board" mea.ns the Mental Health Board established under section 50 of this Act; "Cabinet Secretary",means the Cabinet Secretary for the time being responsible for matters relating to health; "care treatment and rehabilitation" includes preventive and after care services such as counselling psychotherapy and vocational care; "court" means the magistrate's court; "health care provider" means a person or institution duly licensed and accredited under the written law for the time being in force to provide health care services; "least restrictive alternative" means health care environment involving minimum emotional, physical and social restraint during home, community or institutional- based rare; "medical practitioner" means a person registered under the Medical Practitioners and Dentists Act as a medical practitioner; Cap.

253.

"mental health care facility" means an institution, IIT-he Mental Healtlt Bill,2014 2527 whether private or public, duly licensed to provide mental health care services; "mental health" means a state of well-being in which the individual realizes his or her own abilities, can cope with the normal stresses of life, can work productively and fruitfully and is able to make a contribution to.his or her community; "mental illness" means any illness or disorder of the mind; o'person with mental illness" means a person diagnosed as suffering from a mental illness; "psychosocial interventions" include counselling, aliercarc services and integration; and "personal representative" means spouse, next of kin, partner, parent or guardian of the person with mental illness having legal capacity to make decisions on behalf of the person with mental illness.

3.

'l'hc objects and purposes of this Act are to- Ob.iects and (a) purposc-.

ol'thc prornotc the mental health and well being of all, Act.

including reclucing the incidences of mental illness; (b) co-prdinate the prevention of mental illness, access to mental health care.

treatment and rchabilitation services to persons with mental illness; (c) reduce the impact of rnental illness, including the effects of stigma on individuals, family and the community; (d) promote recovery from mental illnesses and enhance rehabilitation and integration of person with mental illness into the community; (e) ensure that the rights of a person with mental illness are protected and safeguarded.

\ I The Mental Health BiU,2014 PART II-ACCESS TO MENTAL HEALTH SERYICES 4.

(l) Mental health services shall be affordable, Cost, equitable and accessible to all.

accessibility, etc ofhealth care.

(2) The national and cotrnty governments shall ensure No.

14 of2003.

that there is adequate funding for mental health services to meet requirements for staffing, facilities, medication, equipment and other interventions to ensure the highest attainable quality in provision of mental health services as required under this Act.

5.

Mental health services shall be of the highest Quality of health quality possible and shall be provided in a manner that- carE.

(a) preserves the dignity of the person with mental ' illness; (b) takes into consideration and allows for treatment options which helps a person with mental illness to cope by himself or herself with the mental health illness affecting him or her; (c) proVide relevant clinical and non-clinical care aimed at reducing the impact of the mental illness and improving the quality of life of the person with mental illness.

6.

(l) The national and county governments shall Responsibility of determine and co-ordinate the implementation of their national and county health policies and measures in a manner that- governments.

(a) ensures the provision of mental health care and treatment at health establishmentg at the community, primary, secondary and tertiary levels; (b) promotes the provision of community-based care and treatment; (c) ensurs that adequate funding is allocated to mental health care; tIII The Mental Health Bill,2014 2529 (d) promotes the rights of persons with mental illness; and (e) promotes and improves the mental health status of the people.

(2) In the provision of mental health care, priority shall be granted to community health and primary mental health care and treatment as opposed to institutionalization of the person with mental illness, having regard to the mental health condition of the person with mental illness, economic and social status of the community.

(3) Where a person with mental illness has been discharged from a mental health care facility, efforts shall be made towards re-integration of the person into the community and specialized and personalized after-care services required to enable the person with mental illness live a decent,ahd dignified life outside the facility.

7.

A person with mental illness has the right to Counselling and appropriate physical and mental medical care and allercare sen,ices treatment, as well as counselling, rehabilitation and after care support necessary to help the person with mental illness recovetfrom the illness.

8.

(l) The national and county governments shall Promotion of ensure that community mental health is promoted by- communiry' mental health (a) providing care, appropriate resources, facilities, services, personnel and programmes to allow persons with mental illness to be attended to at ihe community level; and (b) ensuring that there exists a supportive environment that facilitates access to care and ', treatment and other necessary after care and supportive services.

(2) Community mental health services shall undertake the provision of- (a) outpatient services to persons with mental illness clinics in health centres and general hospitals; 2530 The Mental Health Bill,2014 (b) rehabilitation and after-care services for persons with mental illness after discharge from a mental health facility; (c) supervised home care and support for persons with mental illness; and (d) services for the promotion of mental health.

9.

(l) Mental health interventions in primary care Mental health shall- interventions in primary care.

(a) be comprehensive,'ranging from prevention to early intervention through treatment and.

continuing care and prevention of relapse; (b) target the populations that are at different levels of risk including children, women, youth, elderly persons, refugees and those affected by catastrophic incidences and emergencies.

(c) 'include education, awareness and training on mental health promotion and interventions.

(2) The families and carers of persons with mental lness shall be accorded support necessary to promote their rental well-being.

10.

(l) A mental health facility shall have access to Acccss to 'le same level of resources as any other health medication and psychosocial stablishment, arid in particular- interventions.

(a) qualified medical practitioners, including psychiatrists, psychologists, psychiatric nurses, counsellors, psychotherapists and other qualified professional staff in sufficient numbers, and with adequate space to provide each person with mental illness with privacy and a programme of appropriate therapy; (b) diagnostic and therapeutic equipment; (c) adequate, regular and comprehensive treatment including supplies of medication; and The Mental Health Bill, 20 I4 2531 (d) appropriate professional care.

(3) 'Ihe Board shall liaise with the Cabinet Secretary responsible for education to integrate into the syllabus instructions relating to mental health, including instructions on prevention, treatment, rehabilitation and other general information on mental health and related illnesses.

ll.

(l) A person with mental illness shall not be Access to medical discriminated against or subject to unfair treatment in insurance.

obtaining adequate health insurance for the care and treatment of physical and mental health problems from public and private health insurance providers.

(2) Any person or insurance company that contravenes the provisions of this section commits an offence and shall bd liable, ,on conviction, to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or both.

PART III-DETERMINATION OF MENTAL ILLNESS 12.

A determination that a person has a mental illness Determination of shall be made in accordance with the provisions of this Act mental illness.

and the regulations made under the Act.

13.

(l) A determination of mental illness shall not be Principles for made on the basis of political, economic or social status or delermination of membership in a cultural, racial or religious group, or for mental illfiess.

any other reason not directly relevant to the mental health status of a person (2) A family or professional conflict, or non- qonformity with moral, social, cultural or political values pr religious beliefs prevailing in a person's community, shhll not be a determining factor in the diagnosis of mental illness.

(3) A background of past.treatment or hospitalization as a person with mental illness shall not of itself justify any present or future determination of mental illness.

t4.

A determination as to whether a person is Determination by suffering from mental illness shall be made by at least two medical practitioner, 't'trc 2532 lattut t.!ytr'tt llitj.

2tt ta accrcclitcd hcalth praatitioncrs with at least thrcc ycars cxperioncc on matters rclatcd to mcntal health.

PAR'I' IV_RIGH'I'S OI.' PI'RSONS WI'I'[I MIIN'I]AI, II,LNI.]SS AN D DUTII'SO}- MIiNTAI, II HA I,'I'II.

STTRVICI' PROVII)I'RS 15.

(l) I:very pcrson has tire right to the highest I(ight lo rrrcntal attainable stanclard of health.

lreallh eure.

(2) A pcrson with rnental illncss shall bc trc4tcrl in a Iturnane ancl clignifliecl manner, and shall havc his or hcr urivacy respcctecl.

(3) A pcrson with mental illness has the right to protectiotr frorn physical.

economic, s<lcial, scxual and other forms ol'exploitation, abusc ancl degrading trcatmcrrt.

16.

(l) A person shall not bc cliscrirninatccl against orr I)r'otccll()D lronl the ground that he or she is sul'lering frorn lncntal illncss as di sc t irrr i nut io rt.

providecl for in Articlc 27 of thc Constitulion.

(2) 'Ihc will and preference of a persolr with rncntal illness shall be rcspected and be the prinrary consicleration as far as is ascertainablc.

(3) Every person with nrental illness shall have the right to excrcise all civil, political, econornic, social and cultural rights accorded to cvery person by the Conslitution and any other written law in force in Kenya.

17.

(l) Persons with mental illness have a right to l.cgal cirprcitr recognition as persons before the law and shall enjoy legal capacity on an equal basis with others in all aspects of life.

(2) The Government shall-take appropriate measures to provide access by persons with mental illness to the support they may require in exercising thbir legal capacity.

(3) The court may make a determination, upon application, whether a person has legal capacity.

(l) (4) Where a determination is made under subsection that a person lacks legal capacity, the court shall appoint a personal representative to manage his or her affairs.

'l'ltc Menral Ilealtlt Bill.2011 '2533 ltl.

(l) l:vcry hcalth care provider shall.

where the (:onsqnt to pcrson witlr nrcntal illncss is capable of making an trcatnlcnl.

inlirrrncd clccision on thc nced for treatment, inform the person rvith mcntal illness of his or her right to choose an appropriatc trc,rtrnent of his <lr her own choice, and obtain writtcrr conscnt prior to adrninistering any trcatrnent.

(2) Wherc il pcrson with mental illncss is incapablc of rnaking an inftrrmcd decision on the need for treatment, such conscnt must bc sought and obtained flrom the pcrsonal rcprcscntative as appointed under this Act, unless thc treatment is provided under section 33.

19.

(l) l:r'cry pcrson with rnental illness or their Acccss to rcprescntativc is entitlcd to access full information inlbnnation rcgarcling his or hcr mcntal and other health status, clinical records ancl othcr related inlirrmation maintained by mental hcalth carc Iacilitics ancl scrvice providers in accordance wirh Articlc .15 ol'the Constitution.

(2) Any rcprcsent-aLions madc by a pers<ln wirh nrcntal illncss or his or hei representative shall, on rcquest.

torm part of that person's records.

2ll.

(l) All information obtained in the context of ('onlidcntiality of carc and trcatment of a person with mental illncss is in lirrrnation.

conl'idcntial.

(2) A person or a mental health care facility rnay not disclosc arly confidentia[ information, except under circumstances enumerated under section 2l.

21.

n pcrson or mental health care {acility may I)isclosure of disc:losc conf-idential information relating to a person with conl'idential where discl<)surc- infirnrration.

rncntal illncss such (a) is required by law or ordered by a court; (b) is in the public interest; (c) is ncccssary to prevent the likelihood of serious harm to the person with mcntal illness or to others; 2534 The Merrtal Healtlt Bill,2()14 (d) is necessary for purposes of treating the person with mental illness and in the best interest of the person with mental illness.

22.

(l) The environment and living conditions at a Conditions at mental health care facility shall be as close as possible to mcntal health carc Iacilitres.

those of the normal life of persons of similar age as those housed in the facility and in particular shall include- (a) facilities for recreation and leisure activities; (b) facilities for education and religious practice; (c) facilities for comniunication; (d) facilities suited to the social and cultural background of a person with mental illness, and for appropriate vocational rehabilitation measures to promote reintegration of the person in the community, including vocational guidance, counselling and placement; (e) facilities necessary to ensure that the privacy and dignity of a person with 'mental illness is protected as required by this Act.

(2) Every mental health care facility shall be inspected by the Board at least once every six months to ensure that the conditions, treatment and care of persons with mental illness comply with the provisions of this Act and any other relevant written law.

23.

(l) A person with mental illness shall not be [)crsons not to bc subjected to forced labour, whether within or outside a subjcctcd to care facility.

fbrccd labour.

mental health (2) Every person with mental illness in a mental health care facility has the right to receive remuneration for any work done, similar to that payable to a person without mental illness.

24, (l) Every person, body, organization or mental Prorectionagainst health .ur.

fu.ltityiroviding care andireatment to a person :::T#"dr:l,T' with mental illness shall take steps to ensure that- treatment.

7-1rc Mental Ilectlth Bill,2014 2535 (a) persons with mental illness are protected from exploitation, abuse, or any cruel and degrading treatment; (b) persons with mental illness are not subjected to any forced labour; and (c) care and treatment services are not used as punishment or for the convenience of other people.

(2) A person who witnesses any form of abuse against a person with mental illness shall report the incident immediately to the police, the Board or any other competent authority.

(3) A person who commits an offence under this section is liable, upon conviction, to imprisonment for a term not exceeding three years or a fine not exceeding three hundred thousand shillings; or both.

25.

(l) A person with mental illness shall be Person to be informed of his or her rights under the law by the health informed of service provider attending to him or;her, in a form and rights.

language which the person understands, which information shall include an explanation of those rights and how to exercise them.

(2) Where the person with mental illne-ss does not understand such infbrmation or does not liave mental capacity for such unde.rstanding, the rights shall be communicated to the representative of that person.

26.

(l) tn making.

a decision under this Act Best practices.

concerning the care or treatment of a person with mental illness, including a decision to make an admission order in relatlon to a person, the will and preference of that person shall be the principal consideration with due regard being given to the interests of other persons who may be at risk of serious harm.

(2) Where it is proposed to make a recommendation or an admission order in respect of a person with mental illness, or to administer treatment to such persqn under this Act, t[re person shall, so far as is reasonably practicable, be rotified of .1 the proposal and be entitled to make 2536 The Mental Heahh Bill,2014 representations in relat'ion to it, either in person or through a representative, and before deciding the matter, due consideration shall be given to any representations duly fnade under this subsection: (3) In making a decision under this Act concerning the care or treatment of a person with mental illness, including a decision to make an admission order, due regard shall be given to the need to respect the right of the person to dignity, integrityund privacy.

27.

(1) A person with mental illness is entitled to Right to choose and appoint a representative of his or her own representation.

choice.

(2) A person with mental illness is entitled to, where necessary, the services of a support person who shall be made available free of charge.

' (3) A person with mental illness or his or her representative has the right to produce at any hearing independent medical reports or any other oral or written reports or any other evidence that is relevant to his or her mental health status.

(4) A person with mental illness or his or her personal representative has the right to attend, participate and be heard in any hearing.

28.

(l) A person with menta[ illness has a right to Right to participate in the formulation of his.oi'her treatment plans.

participate in treatmeht planning.

(2) Where a person with mental i,flness is incapable of exercising the right under subsection (t) due to his or her mental illness a personal representative may participate in the formulation of treatment plans.

PART V-PROYISIONS ON ADMISSION AND TRBATMENT 29.

A person who presents himself or herself voluntary voluntarily to.

a mental healtir care facility for treatment or admission' admission shall be entitled to receive appropriate care and treatment or to be referred to an appropriate mental health care facility.

The Mental Health Bill,2014 2537 30.

( I ) No mental health care, treatment or admission lnrbrmcd consent shall be accorded to a person with mental illness without the persbn's informed consent or that of his or her representative.

(2) ln order for consent to be valid under this section, it shall satisfy the following conditions- (a) the person with mental illness or his or her representative shall be competent to give the consent; (b) consent shall be given freely without threats or improper inducements; (c) there shall be appropriate and adequate disclosure of all relevant information relating to treatment, including information on the kind, purpose, likely duration, effects and expected benefits of the treatment; (d) choices, where available, rtrutt Ue given to the person with mental illness; (e) consent shall be documented in the person's records.

31.

(l) A person may be admitted involuntarily to a Involuntary mental health care facility as a person with mental illness, admission.

or, having been admitted voluntarily as a person witlr mental illness, be retained involuntarily cs a person with mental illness in the mental health' care facility, if two accredited health practitioners determine.

in accordance with this Act, that the person has a mental illness or disorder and considers that- (a) because of mental illness or disorder, there is a serious likelihood of immediate or imminent harm to that person or to other persons; or (b) any restrictions must be based on the person's needs, be genuinely justified and be the result of rights-based procedures and combined with effective safeguards 2538 The Mental Health Bill,2014 (2) A rqgntal health care facility may receive an involuntarily admitted person with mental illness, only if the facility has been designated to do so by law and only for the duration necessary to stabilize the' person with mental illness, and provide mental health care services to him or*rer.

(3) The following factors shall be considered in cases of involuntary admission- (a) there is evidence of a mental illness of a specified severity; (b) there is likelihood of immediate or imminent harm to the person with mental illness or others, and a deterioration of the person's condition if treatment or admission or both are not given; (c) the treatment can only be given by way of admission to the health facility.

(d) Inquire on the maximum time that a person can be involuntary admitted 32.

An emergency admission or treatment of a person Emergency with mental illness shall be administered where there is admission and immediate imminent danger to the health and safety of treatment.

and the person with mental illness or other people, and the nature of such immediate and imminent danger is such that there need to be urgent care and treatment to stabilize the person with mental illness.

33.

(l) For any case to be considered an emergency, Considerations for there shall first be shown that the time required to comply emergency cases.

with substairtive procedures would cause delay and lead to harm to the person with mental illness or to other people.

(2) Where the requirements in subsection (1) have been satisfied, the person with mental illness may be adpitted to the health facility or be given treatment based on'the' assessment carried out by a qualified medical practitioner or other accredited mental health practitioney.

34.

(1) Emergency admission or treatment shall not Duration of be prolonged for duration longer than necessary to stabilize emergency treatment.

the person with mental illness and in any case, shall not be The Mental Health Bill,2014 2539 prolonged beyond a period of seventy-two hours, and shall be allowed only to the extent that it is necessary to treat the person with mental illness.

(2) Emergency treatment shall not include- (a) depotneuroleptics; (b) electroconvulsive therapy; (c) sterilization; (d) psychosurgery or other irreversible treatment.

(3) Procedures for emergency treatment or admission or both may be initiated immediately by a spouse, next of kin, partner, parent or guardian and authorized by a qualified medical practitioner if it is assessed that the person with mental illness is likely to require care beyond the stipulated time limit for emergency treatment.

(4) The family of the person with mental illness or their representative shall be immediately informed of the emergency procedures undertaken.

(5) A person with mental illness, his or her family or representrtive have the right to appeal against emergency admission or treatment to the Board.

(6) The Cabinet Secretary may, on the recommendations of the Board, make regulations on emergency treatment and admission.

PART VI_MENTALLY ILL OFFENDERS 35.

(l) Whenever a medical practitioner is of the Facilities lbt opinion that a prisoner or a remandee is mentally ill, the mentally ill hand in the form offenders.

practitioner may, by order under his or her prescribed, direct that such prisoner be removed to a mental health facility within the prison or outside the prison and be treated while under detention.

(2) Where a prisoner or remandee transferred to a mental health facility pursuant to subsection (l) is, in the opinion of the person in charge of such mental health facility, no longer mentally ill, the person in charge of the mental health facility shall inform the officer in charge of the prison from which the prisoner was removed, and the 25-t0 l'he Mettul llealth Bill.

2014 prisoner shall then be delivered into the custody of the officer of that prison if still liable to be confined in prison, ' and if not so liable, shall be'released.

(3) The period during which the prisoner has been detained in the mental health facility under this section shall be recorded as part of the prisoner's' term of imprisonment.

- (4) An accusbd person with mental illness shatl be entitled to have their criminal cases expedited and given priority over other cases.

(5) The Director of Public Prosecutions and other state of{icers shall expedite the process of granting mentally ill offenders within the cfiminal justice system the necessary authorizations'and examinations and at no cost.

(6) Mentally ill offenders shall be provided mental health care and treatment by the governmerlt.

(7) There shall be special cells for mentally iU prisoners within which they shall be held separately from the rest of the prisoners or other persons with mental illness, and receive mental health care and treatment of the same quality and with the same frequency.as other person with mental illness.

: (8) Mentally ill prisoners with severe mental illness may be transferred to a mental health care facility where they can receive appropriate treatment and care.

PART VII-SECLUSION AND RESTRAINT 36.

(1) A person withi mental illness shall not be Seclusion or physically restrained or secluped except.in accordance with restraint to be in accordance with the law and the set procedurds.

the law.

(2) Physical restraint or seclusion shall only be used where it is the only means available to prevent immediate or imminent harm to the person with mental illness or other people.

(3) ^Physical restraint or seclusion shall not be prolonged beyond the period which is strictly necessary to Mental Heahh Bill,20l4 2541 The administer treatment to the person with mental illness necessary to allow him or her to co-habit peacefully with other users within the facility, his or her family or with members of the comrnunity.

(4) All instances of physical restraint or seclusion, their reasons, nature and extent shall be recorded in the person's medical records.

(5) A person with mental illness who is restrained or secluded shall be kept under humane conditions and shall be under the care and regular supervision of a qualified mental health care practitioner within the facility.

(6) A representative of the person with mental illness shall be given prompt notice of tire restraint or seclu'sion oi the person with mental illness.

(7) The review of the mental health status of a person With mental illness under seclusion or restraint shall be done in accordance with Part VIII of this Act.

' 37.

(1) Where a person with mental illness is 9::!l'l:l:to' physically iestrained or secluded, a health care practitioner ::'"tTJ:l:' shall- (a) ensure the mental health care facility has adequate facilities to safeguard the safety of that person; (b) ensure the restraint or seclusion i3 not used as a punishment to the person with mental illness or for the convenience of the staff of the henlth facility.

(2) Restraint and seclusion shall be used as a last resort and the necessary treatment shall be availed.

PART VIII-REVIEW, APPEALS, DISCHARGE AND TRANSFER OF PBRSON WITH MENTAL ILLNESS 38.

(l) The mental health status of a person with Rsview.ormental mental illness shall be reviewed periodically by a mental healthstatus' 2542 l'he Mentul Healtlt Bill,2014 health care practitioner, and such review shall include a review of- (a) the nature of the illness; (b) the need for care and treatmcnt; (c) the type of care and treatnynt provided; (d) the need for referral, transfdr or discharge; and (e) any other matters related to the mental health status of the person with mental illness.

(2)'l.he review of the mental health status of a person with mental illness may be initiated by- (a) the person with mental illness; (b) the mental health care practitioner in charge of managing the person with mental illness; (c) a personal representative of the person with mental illness; (d) the mental health care practitioner in charge of the facility; (e) any other person upon proof of the nature of their interest; or (f) the Board.

(3) The procedure for review shall be as prescribed under the Regulations to this Act.

39.

(l) Any decision made under review shall be Appeals' subject to appeal in the first instance to the health practitioner in charge of the facility, and further to the Board.

,(2) A person with mental illness or his or her rrepresentative who is not satisfied with the decision of the Board on appeal may appeal furtlei to the High Court.

The Manral Health BiLl,20l4 2543 40.

A person with mental illness shall be discharged ll:|1'::l:." where- - ["fiili['l:,, (a) the mental health care practitioner in charge of rnanaging the person makes a decision to discharge the person as a result of a review; (b) the person can no longer receive any other or further treatment from a mental health care facility and appropriate efforts are being made towards re-integration of the person into the community, and for specialized and personalized alter-care service.

41.

(l) Where a mental health care practitioner is of 'f ransl'er ol'pcrson the opinion that it would be for the benefit of a person with with nrental mental illness admitted in a mental health care facility, or ill ness.

that it is necessary for the purpose of obtaining special treatment for such person, the person may be transferred to another mental health care facility after obtaining consent from- (a) the person with mental illness; or (b) the representative of the person with mental illness; or' (c) the other mental health care facility where the person with mental illness is being transferred to.

Q) A person with mental illness in a health facility other than a mental health care facility may be transferred from the health facility to a mental health care facility.

PART IX-CARE AND ADMINISTRATION OF PROPERTY OF PERSONS WITH MENTAL ILLNESS 4f, (l) An application for an order for the Application for management and administration of the estate of a person administration.

with mental illness may be made to the court by a parent, spouse or child who has attained the age of eighteen years, friend, rqlative or any interested person under whose care or charge the person with mental illness is.

The Mental Health Bill,20l4 (2) An application under subsection (l) shail be accompanied by an affidavit setting out the grounds upon which it is made and shall give full particulars as to the property and relatives of the person to whom it relates.

(3) Where the application relates to a person duly admitted as a person with mental illness, the application shall be accompanied by a certified true copy of the appropriate admission or treatment and particulars in respect of that person.

(4) The notice of the application shall, unless the court considers its service impracticable, inexpedient or would be ineffectual, be served upon the person in respect of whom the application is made in such rRanner as the court may direct.

(5) The court may direct that a copy of such notice be served upon any reiative of the person with a mental illness or upon any other person to whom in the opinion of the court notice of the application should be given.

.

(6) The court may require the person in relation to whom an application is made to attend at a place and time as it may appoint for the purpose of being personally examined by the court, or by a registered medical practitioner or any other person as the court may desire in order to have a report of the mental capacity and condition ofsuch person.

43.

(l) The court shall receive evidence on affidavit Receipt of or otherwise and consider any report submitted to it under evidence.

the provisions of this Act as to the mental capacity of the person to whom the application relates as may be produced before it.

(2) The court may, in any proceedings under this Act, make inquiries into the properties belonging to a person alleged to be suffering from a mental illness.

M.

(l) The court may make such order as it finds Order for necessary for the administration and management of the administration.

estate of any person with mental illness, for the purpose of making provision for the person's rnaintenance and that of The Mental Heahh Bill,20l4 2545 members of his immediate family who are dependent upon him or her, and for the payment of his or her debts.

(2) 'l'he courl may appoint a fit and proper person to be the manager of the estate of a person with mental illness for the purposes of safeguarding the property of that person.

(3) l'he court shall, by notice in the Gazette, inform the public of the appointment of a person as the manager of the estate of a pers<ln who is suffering from mental illness and may allow any pcrson to lodge an objection to the appointment.

(4) A manager appointed under subsection (3) shall act in accordance with the directions of the court, and shall exercise powers for the management of the estate as may be expressly conferred upon him or her, either specifically or gencrally, by any order or direction of the court or any othcr relevant written law.

(5) A manager shall not, without express permission of the court, mortgage, charge, or transfer any immovable property or lease that property for a term exceeding three years.

45.

( l) Where a manager is appointed under this Part, Dutios of a the court may order that th; manager shall have such manager.

general or special powers for the management of the estate as the court considers necessary, and proper regard being had to the nature of the property whether movable or immovable of which the estate rnay consist.

(2) Notwithstanding subsection (l), a manager shall Cap.

167.

rr<lt, without special permission of the court- (a) mortgage, charge or transfer by sale, gift, surrender or exchange any immovable property of which the estate may consist; (b) lease any such property for a term exceeding five years; or.

(c) invest in any securities other than those authorized under the Trustee Act.

The Mental Health Bill.2014 2546 (3) A manager shall not invest any funds or property Cap 167 belonging to the estate of which he or she is a manager, in any company or undertaking in which he or she has an interest, nor on the purchase of immovable property under the authority of section 4(l) (d) of the Trustee Act without prior consent of the court.

(4) A manager shall perform his or her duties responsibly taking into account the will and preference of the estate of the person who is suffering from mental illness.

(5) Every conveyance or other instrument made in pursuant to an order of the court shall be valid and have effect as if it were made by the person, being of sound mind and in respect of whose estate the order is made.

{ 1 of I 46.

(l) Every person appointed to be a manager of lnvcntory I the estate of a person with mental illness.

under this Part property.

shall, within six months of the date of his or her appointment, deliver to the court and to the Public Trustee an inventory of the property belonging to the person in respect of whose estate he or she has been appointed manager and all sums of money, goods and effects as he or she receives on account of the estate, together with a statement of debts owed by or due to such person, in the prescribed forrrt.

(2) The representative or any person having capacity to act as the representative of a person with mental illness may, upon payment of such fee as may be prescribed, inspect and obtain a copy of any inventory, statement or account delivered to the court and to the Public Trustee pursuant to subsection ( l).

(3) An interested person who does not fall in the category of persons mentioned in subsection (2) above may, on payment of such fee as may be prescribed, make an application to the court to inspect and obtain a copy of any such inventory, stat'ement or account delivered to the court and to the Public Trustee pursuant to subsection (l).

(4) The Public Trustee shall report annually to the Cabinet Secretary and the Board on all accounts delivered to him or her under subsection (l).

Health BiLl, 20 14 2547 The.Mental (5) Where any person, by petition to the court, impugns the accuracy of any inventory or statement or of any annual account made under this section, the court may summon the manager and inquire summarily into the matter, and make such order as it considers proper, or may refer the petition to a magistrate having jurisdiction in the place where the property belonging to the estate concerned is situated, for inquiry and report, and upon receipt of the magistrate's report, the court may make such order as it considers necessary.

47.

(l) A manager who contravenes the provisions of Penaltv' this Part shall be liable, upon conviction, to imprisonment for a term not exceeding three years or a fine not exceeding five hundred thousand Kenya shillings, or to both.

(2)Any property of a person who is mentally which is lost due to maladministration of his or her estate shall be a civil debt recoverable summarily.

48.

The court may, on its own motion or upon Removal of application, for any sufficient cause, remove any manager manager.

or guardian appointed by it under this Part, and may appoint any other fit person in his or her place, and may make such order as it considers'necessary to ensure that the person removed transfers the property under his or her care, and of which he or she war manager, to his or he1 successor, and accounts to the successor for all money received or disbursed by him or her in connection with the property.

PART X-MENTAL HEALTH BOARD 49.

(l) There is established a board to be known as Establishment of the Mental Health Board.

the Board.

(2) The Board is a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of- (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; 2548 The Mertal Health Bill,2014.

(c) borrowing money or making investments; (d) entering into contracts; and (e) doing or performing all other acts or things for the proper performance of its functions undor this Act which may lawfully be done or performed by a body corporate.

(3) The Board 'shall be the successor to the Board known as the Kenya Board of Mental Heath existing immediately before the commencement of this Act, and subject to this Act, all rights, obligations, assets and liabilities of that Board existing at the commencement of this Act shall be automatically and fully transferred to the Board and any reference to the Kenya Board of Mental Heath in any contract or document shall, for all purposes, be deemed to be a reference to the Board established under subsection (1).

(4) The provisions of the First Schedule shall apply upon the commencement of this Act.

50.

The functions of the Board shall be to- Functions ofthe (a) Board.

advise and make recommendations to the national and county governments on the state of mental health and mental health care facilities; (b) approve the establishment of mental health facilities; (c) inspect mental health facilities to ensure that they mebt the prescribed standards; (d) receive and investigate any matter referred to it by a person with mental illness or relative or any r6presentative of a person with mental illness concerning the treatment of the person with mental illness at a mental health facility and where necessary to take, or recommend to the Cabinet Secretary, any remedial action; (e) initiate and organize community or family-based programmes aimed at promoting mental health.

and prevent incidences of mental illness; The Mental Heahh Bill,20l4 (f) perform such other functions as may be conferred ' upon it this Act or any other written law or may be necessary in the carrying out of the Board's functioni.

51.

(l) The Board shall consist of- ffiffiiror (a) the Director of Mental Health or his or her appoi nted representati ves ; (b) the Director of Medical Services or his or her appointed representatives; (c) four representatives with specialization and experience on mental health nominated by each of the following bodies and appointed by the Cabinet Secretary- (i) representative body of psychiatrists; (ii) representative body of psychologists; (iii) representative body of counsellors; (iv) representative body of nurses (d) one person nofirinated by a user organization representing persqns who are mentally ill; (e) one person nominated by Kenya National Commission on Human Rights and appointed by the Cabinet Secretary; (0 the Chief Executive Officer.

(2) In appointing the members of the Board under subsection (l)(c), (d) and (e), the Cabinet Se.cretary shall take into consideration gender balance and diversity in qualifications of persons being appointed.

(3) The *116.r, of the Board shall, at their first meeting, elect a chairperson from amongst the members of I the Board appointed under subsection (lXc), (d) and (e).

iI 2550 The MentaL Health BilL,20l4 (3) A person shall not be appointed as a member of the Board if such person- (a) has been convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a term of six months or more; (b) is adjudged bankrupt or has entered into a composition, scheme or arrangement with his or her creditors; (c) is disqualified under the provisions of any other written law from appointment as such.

(5) A member of the Board other than an ex-fficio member shall hold office for a period of three years, but shall be eligible for re-appointment for a further and final term of three years.

(6) A member of the Board, other than an ex fficio member, may- (a) at any time resign from office by notice in writing to the chairperson; (b) be removed from office if the member- (i) has been absent from three consecutive meetings of the Board without the permission of the chairperson; (ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors; (iii) is convicted of an offence involving (iv) dishonesty or fraud; is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; (v) is incapable of performing his or her duties Tlrc Mentul Heulth Bill,20l4 25st 52.

'l'hc Board shall have all powers necessary for the P.rvcrsorthc propcr ped'ormance of its functions under this Act and in lloard particular, but without prejudice to the generality of the forcgoing, the Board shall have power to- (a) enter into contracts; (b) manage, control and administer its assets in such manner and for such purposes as best promote the purpose for which it is established; (c) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the (d) Board; receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; (e) enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the purposes for which it is established; (f) open such banking accounts for its funds as may (g) be necessary; inves.

any of its funds not immediately required for its purposes; (h) undertake any activity necessary for the fulfilment of any of its functions.

53.

(l) The conduct and regulation of the business and !'-11'l:.f, affairs of the Board shall be a"s provided in the Second }iil:'jtil: Schedule.

Board' (2) Except as provided in the Second Schedule, the Board may regulate its own procedure.

54.

'Tde Board may, by resolution either generally or in Delegation bv the any particular case, deiegale to any commitfee or to any Board' member, officer, employee or agent of the Board, the exercise of any of the powers or the performancb of any of its functions or duties under this Act or under any other written law.

t5.52 I lrt Matryol lleolrlt Bill.

2() l1 55.

'l'hc rcrnuncration payable tO nfCmbCfS O{' thC Ii.e.tlutt,:ratiott r-rl' IJo:trcl shall bc clctcrrnined by thc Salarics anrl lll::lll"" "''"'' Itcmuncration (l<lmmissiorr.

56" ( l) 'l'herc shall bc a Chief [xccutivc Ol tlte Il6afd L ltitl I:rrt uttr e rvho shall bc appointed by the Iloard through a c0mpctrtrve ( )ll iccr.

procrcss.

(2)'l'hc Chief'[]xecutive Of'f iccr shall hold officc {<lr a tcnn of' l'ive ycars, on such terrns and conditinns of crnpl<lymcnt as thc lloard may detcrminc, and shall be cl i giblc l'or rc-appointmcnt.

(3) 'l'l : Chiel' Executive Officer shall bc an e.r-ofJicio nrornbcr of thc Iloard but shall have no right to vote at any nrce ting ol' thc lloarcl.

(4) 'l'he (lhief lixecutivc Ol'ficer shall- (a) subject to the direction of the Iloard, bc rcsponsible for the day to day rnanagemcnt of'the Iloard; (h) in consultation with the lJoard, be responsible for the direction o[ the aflairs and transactions of the IJoard, thc excrcise, dischargc antl pcr{ilrmance ol' its objcctives, firnctions ancl tluties, ancl 1he gcncral aclministration of thc Iloarcl; (c) bc tlre sccrctilry ol'thc IJoarcl.

57.

'l'hc IJoarcl rnay appoint such ol'l'iccrs.

agcnts ancl Stirll ,'tlrcr stal'l' as arc ncccssary lilr the propcr alrcl clf icicnt tlisclrargc ol' its lirnctions uncler this Act, upon such tcnns irrrtl coutlitiorrs tll'scrvicc as thc [J<lard rnay clcterlniuc.

stt.

( l) 'l'he cornrnon scal o[ thc lJoarcl shall bc kcpt 'I'lrc cornrnon scal in tlrc custocly of thc Chief Iixccutivc Oll'iccr or ol'such ol rhe []oard.

olhcl person as thc lloard may c'lirect, ancl shall not bc uscd crce pt upon the order o[ the l]oard.

(2)'l'hc comlnon seal o{'tlre l]oard.

when alf ixed to a tkrctrrrrent and duly authenticated, shall bc judicially and '['|rc Mantal llculth Rill,2011 o{f icially noticcd, and unlcss the contrary is proved, anl nccessary order of authorisation by thc Iloard under tltis scction shall be presumed to havc bccn duly givcn.

(3) 'l'hg common seal ol' the Iloard shall bc authcnticatcd by the signature ol' the chairperson of thc Iloard and the Chic{-l]xecutive Officer.

(4) 'l'he Iloard shall, in the absence of eithcr thc chairpcrson or the Chicl' [:xccutive Officer, in any particular mattcr, nominate onc member of the Board to au(hcnticnte the seal of thc Iloard on bchalf o1' cithcr the chairpcrson or the Clricf Iixecutivc OIficer.

59.

( l) No nrattcr or thing donc by a member of the Iloartl ur by any olf iccr, rnembcr o['staff, or agent o{'the Iloirrrl slrall, i{'thc rnatter or thing is done bona Jide for exccuting thc functit)ns, powers or duties of the Board tundcr this Act, rcndcr the member, officer, employee or agent or any person acting on their directiorts personally liablc to any action, claim or demand whatsoever.

(2) Any cxpenses incurred by any person in any suit or prosccution brought against him or her in any cout't, in rcspect ol'any act which is done or purported to be done by hinr or her under the direction of the lloard, shall, if the court holds that such act was done bona {'ide, be paid out ol' the general I'unds of the lJoard, unless such expenses are recovercd by him in such suit or prosecution.

60.

'l'he provisions of section 60 shall not relieve the l-iabilil)'lbr Board of the liability to pay compensation or damages to danragcs.

any person for any injury to him or her, his or her property or any of his or her interests caused by the exercise o1'any power conf'erred by this Act or any other writtelt law or by thc failure.

wholly or partially, of any works.

PART XI _IIINANCIAI, PROVISIONS 61.

( I ) The funds of the Board shall consist of- l;unds ol'tlrc Iloard.

(a) donations.

grants, loans or gifts made to the Board and approved by the Cabinet Secretary and the Cabinet Secretary for the time beinq responsible for matters relating to finance; and 2.5.5-+ The Mentetl Health Bill.

2014 (b) such fees, monies or assets as may accrue to or vest in the Board in the course of the exercise of its powers or the performance of its functions under this Act or under any written law.

(2) There shall be paid out of the funds of the Board any expenditure incurred by the Board in the exercise of its powers or the performance of its functions under this Act.

62.

The financial year of the Board shall be the Irinancialvear period of twelve months ending on the thirtieth June in each year.

63.

( l) At least three mOnthS befOre the Annual estimales.

commencement of each financial year, the Board shall cause to be prepared estimates of its revenue and expenditure for that year.

(2) The annual estimates shall make provision for all estimated expenditure of the Board for the financial year and in particular, the.

estimates shall provide for the- (a) payment.

of the salaries, allowances and other charges in respect of members and st4ff of the Board; (b) payment of pensions, gratuities and other charges in respect of members and staff of the Board; (c) proper maintenance of the buildings and grounds of the Board; (d) maintenance, repair and replacement of the equipment and other property of the Board; and (e) creation of such reserve funds to meet future or contingent Iiabilities in rerpect of retirement.

benefits, insurance.or replacement of buildings or equipment, or in respect of such other maffer as the Board may deem appropriate.

(3) The annual estimates shall be approved by the Board before the commencement of the financial year to The Metrtal Heulth Bill, 2014 2555 which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval.

(4) No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorisation of the Board given with prior written approval of the Cabinet Secretary.

64.

(l) The Board shall cause to be kept proper books Accounts and and records of accounts of its income, expenditure and audit- assets.

(2) Within a period of three months after the end of each financial year, the Board shall submit to the Auditor- General,, its accounts together with- (a) a statement of the income and expenditure of the Board during that year; and (b) a balance sheet of the Board on the last day of that year.

(3) The accounts of the Board shall be audited and reported upon in accordance with the provisions of the Public Audit Act,2003.

No.l2 ol'2003 65.

(l) The Board may invest any of its funds in lnvcstment of securities in which for the time being trustees may by law l'unds.

invest trust funds, or in any other securities or banks which the Treasury may, from time to time, approve for that purpose.

(2) The Board may place on deposit, with such bank or banks as it may determine, any moneys not immediately required for its purposes, as it may determine.

PART XII -MISCELLANEOUS PROVISIONS 66.

A person who commits an offence under this Act General penalty for which no penalty is prescribed shall be liable, on conviction, to imprisonment for a term not exceeding five years or a fine not exceeding five hundred thousand shillings, or both.

The Mental Health BiU,20l4 67.

The Mental Health Act is repealed.

Repeal.

Cap.248 PART XIII.

PROVISIONS ON DELEGATED POWERS 68.

(l) The Cabinet Secretary may, on the Regulations' recommendation of the Board, make regulations generally for the better carying into effect the provisions of this Act in compliance with the principles and standards set under this Act.

(2) Without prejudice to the generality of the foregoing, regulations made under subsection (1) may*- (a) prescribe anything required by this Act to be prescribed; (b) provide for the setting of quality standards and norrns for care, treatment and rehabilitation of person with mental illness;.

(c) provide for matters related to the rights and responsibilities of person with mental illness in mental health facilities; :(d) prescribe the forms to be used under this Act; (e) prescribe the forms and procedures to be used in the authorization and licensing of mental health institutions and the conditions to be attached under such authorization or licence; (O provide.

for accreditation of mental health practitioners as well as mental health facilities.

FIRST SCTTEDULE TRANSITIONAL PROVISIONS l.In this Schedule- Interpretation.

"appointed day" means the day on which this Act comes into force; 'l'ltr .llttrttrl I latthlt Bill.

:0l.l l_5 57 "assets" include all.

property movable or immovable and all estates, easements and rights whether equitable or legal in, over or out of property, choses-in-action, money or goodwill of the former institutions whether situated in Kenya or elsewhere; "former Board" means the Board known as the Kenya Board of Mental Heath existing immediately before the commencement of this Act.; "liabilities" means liabilities, debts, charges, duties and obligations of every description, whether present or future, actual or contingent, and whether to be observed or performed in Kenya or elsewhere; and "rights" means all rights, powers, privileges and immunities whether actual, contingent or prospective, whether observed or performed in Kenya or elsewhere.

2.

(l) On the pppointed day, all the funds, assets ahd Assets and other property, both movable and irnmovable, which liabilities.

immediately before such day were vested in the former Board shall, by virtue of this paragraph, vest in the Board.

(2) On the appointed .day, all rights, powers and liabilities, which immediately before such day were vested in, imposed on or enforceable against the former Board, shall, by virtue of this paragraph, be vested in, imposed on or enforceable against the Board.

(3) If, on the appointed duy, any suit, appeal, arbitration or other proceedings of whatever nature and wheresoever instituted in relation to the business of the former Board which is, by virtue of this paragraph, transferred to the Board, shall not abate, be discontinued or be in any way prejudicially affected by reason of such transfer of"the business of the former Board or of anything contained in this Act, and any suit, appeal arbitratiori or other proceedings shall be continued, and_enforced by or agginst the Board.

(4) In the case of assets and liabilities arising under any loans which vest in the Board on the appointed day, the Board may enter into such arrangements or agreements 2.5.58 'l'|rc Mcrttul Ileulth Ilill,20ll over such rights and liabilities with the Govcrnment or any othcr third party.

3.

Any rel'erence in any written law or in any Ilcltrcncc to document or instrument to the former Board shall, on alrd li)rnlcr [irxlrd after the appointcd day, be construed to bc a refcrence to the l]oard.

4.

Any proceedings pending immediately belore the I'rt,cccrl ings appointed day to which the former lloard was a party shall be continucd as i{'the lloard was a party thereto in licu of the former lJoard.

5.

Every agreement, deed, bortd or <lther ittstrument Agrecnlcnts.

to which the former Board was a party or which affectecl dcctls- ctc.

the former Board and whether or not of such a rtature that the rights, liabilities and obligations thereuttder could be assigned, shall have effect as if the Board were a party thereto or affected thereby instead of the former Board and as if for evcry refcrence (whether express or implied) therein to the former Board there were substituted in respect of anything to be done on or after the appointed day.

6.

'l'he administrative decisions made by the former r\d rn ini slral ir c Board or by the Cabinet Secretary'which are in lorce tlccisions.

immediately before the appointed day shall, on or alier such day, have force as if they were directions made by thc Board or the Cabinet Secretary under this Act.

7.

(l) Any pefson who, at the commencement of Stull.

this Act, is a member of staff of the former Board shall, on the appointed day, become a member of stpff of the Board on the same or improved terms and conditions of service as may be specified by the Cabinet Secretary.

(2) Notwithstanding subparagraph (l), a member of staff of the former Board may retire on the basis of abolition of office in accordance with the existing regulations.

8.

(l) Where on the appointed day- Disciplinary proceedings (a) any disciplinary proceedings against any member The Mental Health BiU,20l4 2559 of staff of the former Board are in the course of being heard or instituted, or have been heard or investigated by the former Board but no order or decision has been made thereon; (b) any such member of staff is interdicted or suspended, the Board shall- (i) in the case of paragraph (a), carry on and complete the hearing or investigation and.

make an order or render a decision, as the case may be; and (ii) in the case of paragraph (b), deal with such member of staff in such manner as it deems appropriate having regard to the offence committed by him or her, including the completion of disciplinary proceedings that have been commenced against that,member - of staff.

(2) Where on the appointed day, any penalty, other than dismissal, has'been imposed on any member of staff of the former Board pursuant to disciplinary proceedings against him.or her and the penalty has not been, or remains to be, serviced by such member of staff, he or she shall, on his or her transfer to the Board, serve or continue to serve such penalty to its full as if it had been imposed by the Board.

(l) A member of staff of the former Board who becomes a member of staff of the Board shall continue to be governed by the existing Government pension scheme.

(2) Where any person whose services are transferred to the Board is, on the appointed day, a member of any statutory voluntary pension scheme or provident fund, the person shall for the purpose of this Act, continue to be governed by the same regulations under those schemes or funds, as if he or she had not been so transferred, and for purposes of the regulations governing those schemes or funds, service with the Board shall be deemed to be service in the former Board.

The Mental Health Bill.20l4 SECOND SCHEDULE PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD 1.

(l) The Board shall meet not less than four times Meetings in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting.

(l), (2) Notwithstanding the provisions of subparagraph the chairperson may, and upon requisition in writing by at least five members shall, convene a special meeting of the Board at any time for the transaction of the business of the Bc ard.

(3) Unless three quarters of the total members of the Board r'therwise agree, at least fourteen days' wriffen notice of every meeting of the Board shall be given to every member of the Board.

(4) The quorum for the conduct of the business of the Board shall be five members including the chairperson or the person presiding.

(5) The chairperson shall preside at every meeting of the Board at which he is present but, in his absence, the members present shall elect one of their numbers to preside, who shall, with respect to that meeting and the business transacted thereat, have all the powers of the chairperson (6) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of votes of the members present and voting and, in the case of an equality of votes, the chairperson or the person presiding shall have a casting vote.

(7) Subjbct to subparagraph (4), no proceedings of the ,Board shall be invalid by reason only of a vacancy among the membens thereof.

2.

(l) If a member is directly or indirectly interested Disclosure of in any contract, ppposed contract or other matter before interest by Board members.

The Mental Health Bill,20l4 2561 the Board and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of considerafion, that member shall, at the meeting and as soon as practicable after thg commencement thereof, disclose the fact and shall not take part in the consideration or discr,rssion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

(2) Notwithstanding subparagraph (l), if the majority of members of the Board present.in a meeting are of the opinion that the experience or expertise of a member referred to in subparagraph (l) is vital to the deliberations of the meeting, the Board may permit the member to participate in the deliberations subject to such restrictions as it may impose but such member shall not have the right to vote on the matter in question.

(3) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

(4) A member of the Board who contravenes subparagraph ( l) commits an offence and is liable to imprisonment for a term not exceeding six months, or to a fine not exceeding one hundred thousand shillings, or both.

3.

Any contract or instrument which, if entered into l'lxecution ol' or exeouted by a person not being a body corporate, would instrurncnts.

not require to be under seal, may be entered into or executed on behalf of the Board by any person generally or specially authorized by the Board for that purpose.

4.

The Board shall cause minutes of all resolutions Minutes and proceedings of meetings of the Board to be entered in books kept for that purpose.

The Mental Health Bill,20l4 MEMORANDUM OF OBJECTS AND REASONS 'fhe objective of this Bill is to provide a legal framework for the care, treatment and rehabilitation of persons with mental illness.

It seeks to establish procedures for admission, treatment and overall management of persons with mental illness.

Part I contains preliminary provisions.

Part II contains provisions relating to access to mental health care.

It among other things require that such care be affordable, equitable and accessible to all.

Similarly, it spells out the responsibilities of the national and county governments regarding provision of mental health care.

Part III contains provisions on the determination of mental illness, i and lays down the principles to be followbd in making that determination.

Part IV contains provisions relating to the rights of persons with mental illness, and the duties of mental health care provides.

The objective of this Part is to ensure that persons with mental illness are treated with dignity and respect due to them as human beings, and that mental health care providers carry out their duties in a manner consistent with the objectives sought to be achieved by this Bill.

Part V contains provisions relating to the admission and treatment of persons with mental illness.

PART VI provides for mentally ill offenders and stipulates how they shodld be dealt with under the criminal justice system.

PART VII contains provisions on the seclusion and restraint of persons with mental illness.

PART VIII provides for the review, appeal, discharge and transfer of persons with mental illness., PART IX provides for the care and administration of the property of persons with mental illness.

This is intended to ensure that such property does not go to waste on account of the illness of such person.

The Mental Health Bill,20l1 2-i6.1 PART X contaihs provisions on the establishment.

porvers and functions of the Mental Health Board as the body responsible for the co- ordination of mental health care activities in Kenya.

PART XI contains financial provisions relating to the Board.

PART XII contains miscellaneous provisions.

PART XIII Provisions on Delegated Powers '['his Bill once enacted will contbr on a nunrbr.'r of hodir's ancl persons authority to make provisions having thc lirrcc of lau in Kenl'a in tcrms ol Articlc 94 (6) of the Constitution of Ken1,'a.

2010.

II 'l'hc Cabirret Sccretan' lirr tlic timc being rcsponsihlc tirr rnattcrs rclating to health tor instancc is given authoritl.' hy scction (r9 of this .\ct to make rcgulations on the rccontmc'ndation ol'thc l]oitrcl.

1'hc purposc attd objectivcs ol'making thcse rcgulations incluclc thc lirllon ing: (a) provide lbr thc scttirlg ol'clualitv stanclarcls ancl norrlls lbr care.

treatmcnt ancl lchahilitation of pr'rson rrith mcntal illness: (b) provide tbr lnattcrs relatecl to tlre rights and responsibilities of person rvith mental illness in mental health t-acilities; (c) prescribe the forms to be used under this Act: (d) prescribe the forms and procedures to be used in the authorization and licensing of n"lental health institutions and the conditions to be attached under such authorization or licence; (e) provide for accreditation of mental health practitioners as well as mental health facilities.

Limits of the Delegated Authority (0 The regulations mads under this Act by the Cabinet Secretary will be limited to bringing into effect provisions of this Act and will therefore affect the quality standards and norms for care, r treatrnent rehabilitation and rights and responsibilities of persons \ \ 1 2561 The Mental Health Bill,20l4 with mental illness including accreditation of mental health I practitioners as well as mental health facilities.

This Bill is a Bill conceming county gove.mments.

The enactment of this Bill shall occasion additional expenditure of public funds Du,:d the 26th November,z}l3.

JOSEPH LEKU'TON, Mem,her of the Nutionul Assembly.

I.

Frequently asked questions

What is M-Wakili?

M-Wakili (Wakili AI) is an advanced AI-driven legal aide proficient in interpreting Kenyan law.
This tool is useful for lawyers, law students, and the public, providing exhaustive and concise solutions to legal issues.
M-Wakili is more than an information database, it dissects and analyzes legal documents, clarifying their essence and implications to answer queries accurately. Alongside its legal expertise, M-Wakili also produces persuasive written content.
The primary aim of M-Wakili is to provide world-class legal support to people from all walks of life, while also aiding the advancement of law professionals by enhancing research efficiency.
This innovative platform promises to revolutionize the legal field, enhancing the accessibility and effectiveness of legal expertise.

Will I get immediate answers to my legal questions 24/7?

Yes the service is available 24/7 and you will get answers to your legal questions within seconds.

How does M-Wakili work?

M-Wakili is a custom trained AI model that uses algorithms and machine learning to understand and answer a user's questions. It bases its responses on the existing Kenyan laws and regulations.

Is M-Wakili accurate?

Yes, M-Wakili is designed to provide accurate and reliable responses based on Kenyan Law and is considered more accurate than almost all AI models including ChatGPT. Additionally, it is constantly being updated and improved to ensure it is aware of the occurring changes in the laws and regulations.
If you find any model that is more accurate than M-Wakili, please let us know and we might give you a free subscription or a *refund. (We reserve the right to determine the accuracy of the model and if you should be given a refund or free subscription. Our terms and conditions apply.)

Who can use M-Wakili?

Everyone can use M-Wakili. Lawyers and law students can use it as a legal research tool, and the general public can use it to get answers to their legal queries.

How can I access M-Wakili?

You can access M-Wakili through our website. Just type in your question, and M-Wakili will provide the answers.

Is M-Wakili a substitute for a human lawyer?

No it cannot and will not be, M-Wakili is designed to assist and provide legal information and is great at that. However, there are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
Fun fact, most of our paying users are lawyers! They use M-Wakili to help them with legal research and analysis.

Is AI going to replace lawyers?

No. M-Wakili AI is great for helping real-life lawyers with legal work and assisting people in understanding legal problems, providing many ways how to handle them. However, AI cannot replace the human touch of a real lawyer. There are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
In fact, most of our paying users are lawyers! They are excited about the possibilities of AI in the legal industry and are leveraging it to save time and energy and focus on higher-level tasks.
AI can make the legal market more convenient for both sides by allowing real lawyers to focus on specialized services while using AI to handle certain tasks.

Is my data secure with M-Wakili?

Yes, we prioritize user data privacy and have implemented strict measures to ensure that your data is secure.

Can M-Wakili represent me in court?

Not yet, M-Wakili cannot represent you in court. It can help you understand the law and your legal situation, but you will need a human lawyer for court representation.

Do I need to pay for M-Wakili services?

Currently, we offer basic features for free while premium services require a subscription fee. Please visit our pricing page for more details.

How can M-Wakili help law students?

M-Wakili can assist law students in learning and practicing their legal research and analysis skills. It may also offer insights into current legal trends and issues, helping prepare them for their future in law.

What does "HHH" mean?

Helpful, Honest, and Harmless (HHH) are three components of building AI systems (like M-Wakili) that are aligned with people’s interests.
- Helpful: M-Wakili wants to genuinely help the user
- Honest: M-Wakili shares information it believes to be true, and avoids made-up information
- Harmless: M-Wakili will not cooperate in aiding the user in harmful activities or lead the user to harms way