Can someone be admitted to a mental hospital against their will?
Mental Health Act · sources read 5 Oct 2026
Yes, but only if a qualified mental health practitioner finds the person has a mental illness and either there is a serious likelihood of immediate harm to them or others, or the illness is severe, their judgment is impaired and not admitting them would lead to serious deterioration or block needed treatment. The application is made by a supporter, representative, guardian (for a child) or, failing them, a carer or relative, with a doctor's recommendation. Emergency admission is limited to 72 hours unless written consent is given for longer care.
- Deadline
- Emergency admission or treatment: no longer than needed to stabilise the person, and never more than 72 hours without written consent for further care
- Deadline
- After an emergency admission, the facility must inform the next of kin within 24 hours
- Deadline
- The practitioner's finding expires 14 days after the person was last examined
- Deadline
- Involuntary admission cannot go beyond 6 months without a review and a fresh practitioner's recommendation
- Where
- The person in charge of a mental health facility or unit
What you need
- Application in the prescribed form, given to the person in charge of the mental health facility or unit
- A medical practitioner's recommendation, in duplicate, in the prescribed form
- If you are a carer or relative applying instead of a supporter, representative or guardian: why they did not apply, your connection to the person, and the circumstances
Steps
- The application goes to the person in charge of the facility. It is made by the person's appointed supporter; if none, their representative; for a child, the guardian; and if none of these is available or willing, a carer or relative.
- A doctor (where practicable the person's usual doctor) must examine the person before signing the recommendation, and state the date of examination and the grounds.
- The facility then decides how severe the illness is, whether there is a risk of immediate harm, and whether treatment needs admission or can be given as an out-patient.
- The person, their supporter or representative, the treating practitioner, the person in charge, the Board, or anyone who shows an interest can ask for a review of the person's mental health status, including the need for discharge.
Watch out
- The facility may only keep the person as long as needed to stabilise them and provide care.
- Someone who went in voluntarily can also be held involuntarily if the same grounds are met.
- Emergency admission skips the usual procedure only when there is immediate danger, urgent treatment is needed to stabilise the person, and following the normal steps would cause harmful delay.
- Extending an admission beyond 6 months needs the consent of the supporter, representative or, for a child, the guardian.
Who this covers
- A person a qualified mental health practitioner finds has a mental illness and, because of it, there is a serious likelihood of immediate or imminent harm to them or others
- Or a person whose mental illness is severe and judgment impaired, where not admitting them is likely to cause serious deterioration or block treatment that can only be given in a facility
Official sources (1)
- Mental Health Act (Cap. 248), as amended by the Mental Health (Amendment) Act, 2022 new.kenyalaw.org · read 5 Oct 2026