Mathari National Teaching and Referral Hospital is grappling with a persistent challenge: the prolonged confinement of recovered mental health patients due to legal and bureaucratic hurdles. Despite being fit to return to society, some patients have remained at the facility for decades, highlighting a major flaw in Kenya’s mental health and judicial systems.
Appearing before the National Assembly’s Committee on Health, Mathari Hospital CEO Julius Ogato shed light on the complexities surrounding patient discharge. He explained that while several individuals have fully recovered, their release is hindered by the fact that they were initially admitted through court orders. Without legal clearance, the hospital cannot facilitate their discharge, leading to unnecessary delays.
“We have patients who are stable and fit for release, but because they were admitted through court orders, we cannot discharge them without legal clearance. Unfortunately, the process takes too long,” Ogato stated.
Some patients have been confined at Mathari Hospital for over 20 years simply because there is no efficient legal framework in place to expedite their release. According to Kenya’s Mental Health Act, CAP. 24, Section 26(3), a person declared mentally disordered but capable of managing themselves can have their estate handled by the court without necessarily being confined. However, those deemed unfit to stand trial must remain under care until they regain stability. Once they recover, a formal court ruling is required to approve their release—a process that is often slowed by misplaced records, lack of follow-up, and societal stigma.
The issue has sparked concern among lawmakers, mental health advocates, and hospital staff. The prolonged detention of stable patients not only infringes on their right to freedom but also strains Mathari Hospital’s already limited resources. With new admissions increasing, the hospital is struggling to accommodate patients in urgent need of care, as many beds remain occupied by individuals who are medically fit for discharge.
Committee chairperson Robert Pukose emphasized the need for urgent legal reforms. “The government must ensure fair treatment and reintegration. It is unacceptable that a recovered person remains locked up due to administrative inefficiencies,” he said.
To address the issue, Pukose proposed the establishment of a special tribunal or a fast-track mechanism within the Judiciary to review such cases regularly. He also called for periodic case reviews to prevent unnecessary confinement.
As Mathari Hospital continues to face mounting pressure, stakeholders urge swift legal action to ensure timely discharges and uphold the rights of recovered mental health patients.
