Can a medical insurer refuse to cover mental illness?
Mental Health Act · sources read 5 Oct 2026
No. The law gives a person with mental illness the right to get medical insurance from public or private providers, and an insurer must not discriminate against them or treat them unfairly when they seek cover. Breaking this rule is an offence with a fine of up to KSh 5 million, up to 3 years in jail, or both.
- Where
- Your health insurer or public medical scheme
Steps
- Apply for medical cover from a public scheme or a private insurer. The law says you have a right of access to medical insurance for treatment.
- If you are turned down or given unfair terms because of a mental illness, the law says insurers must not discriminate or treat you unfairly on that ground.
- Discrimination by an insurer under this rule is a criminal offence, so it can be reported like other offences.
Watch out
- Where the national or county government runs a medical scheme, it must take the needs of people with mental illness into account and make sure they are treated fairly.
- The penalty applies to both insurance companies and individuals who provide health insurance: a fine of up to KSh 5 million, up to 3 years in jail, or both.
- This rule (section 3D) was added to the Mental Health Act in 2022.
Who this covers
- Any person with mental illness seeking medical insurance for treatment, from a public or private health insurance provider
Official sources (1)
- Mental Health Act (Cap. 248), as amended by the Mental Health (Amendment) Act, 2022 new.kenyalaw.org · read 5 Oct 2026