Involuntary admission in mental health care continues to spark debate, especially in light of recent controversial cases. At the heart of the issue lies the balance between patient autonomy and the urgent need for care when individuals are unable to recognize their condition or make informed decisions.
Involuntary admission occurs when a person is admitted to a mental health facility without their consent due to the severity of their mental illness. Such individuals may be a danger to themselves or others or may lack the capacity to care for themselves. Mental health professionals must conduct thorough evaluations before determining that involuntary treatment is necessary.
This process typically begins with a formal request by a relative, guardian, medical officer, police officer, or community health volunteer. The application must be supported by a medical report. In urgent situations, law enforcement or local administrators like chiefs can directly escort individuals to mental health facilities for immediate assessment.
Once admitted involuntarily, the individual may undergo sedation and must be under continuous observation. This stage requires close monitoring by qualified medical staff to manage side effects, ensure the patient’s safety, and prevent harm to others.
Under current law, involuntary detention without further review is limited to a 48-hour window. For extended stays, oversight is provided by the Mental Health Review Board. This statutory body ensures the rights of individuals with mental health conditions are upheld. It also hears appeals from patients or their guardians and can terminate involuntary stays if the criteria are not met.
The 2022 amendment to the Mental Health Act emphasizes rights-based care, mandating that patients be treated with dignity and respect. It created the Kenya Board of Mental Health, tasked with oversight, policy development, and responding to complaints. The Board can intervene if it finds an admission unjustified.
While involuntary treatment remains a critical safety net in extreme cases, the principle of informed consent remains central to mental health care. It should only be bypassed when absolutely necessary and always in the best interest of the patient, not for convenience or coercion. Combating stigma and educating the public about mental health can help reduce the reliance on involuntary measures and promote a more compassionate approach to care.
