Date of publication:

08/22/2025

Kenya

Do domestic laws and policies provide access to mental health care services for forcibly displaced and stateless persons?  

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Kenya’s health policies include mental health services as part of its public healthcare system, ensuring that individuals can access psychological counseling, psychiatric care, substance abuse treatment, and community-based mental health programs. Mental health services are available at primary, secondary, and tertiary levels of care, with referral hospitals, district health centers, and community outreach programs playing a key role in mental health support. Specialized mental health units provide treatment for depression, trauma-related disorders, and psychosocial support for individuals facing crisis situations, including refugees and asylum-seekers. Kenya’s collaboration with mental health organizations and humanitarian agencies ensures that vulnerable groups receive culturally appropriate and trauma-informed care, reinforcing inclusive mental health access.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of Kenya

    Legal provision

    Article 43 - Economic and social rights

    Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education. (2) A person shall not be denied emergency medical treatment. (3) The State shall provide appropriate social security to persons who are unable to support themselves and their dependants.

    The Mental Health Act

    Legal provision

    Article 5 - Functions of the board

    The functions of the Board shall, under the control of and direction of the Minister, be— (a) to co-ordinate the mental health care activities in Kenya; (b) to advise the Government on the state of mental health and mental health care facilities in Kenya; (c) to approve the establishment of mental hospitals; (d) to inspect mental hospitals to ensure that they meet the prescribed standards; (e) to assist, whenever necessary, in the administration of any mental hospital; (f) to receive and investigate any matter referred to it by a patient or a relative of a patient concerning the treatment of the patient at a mental hospital and where necessary to take, or recommend to the Minister, any remedial action; (g) to advise the Government on the care of persons suffering from mental subnormality without mental disorder; (h) to initiate and organize community or family based programmes for the care of persons suffering from mental disorder; and (i) to perform such other functions as may be conferred upon it by or under this or other written law.

    Kenya Mental Health Action Plan 2021–2025

    Legal provision

    Kenya Mental Health Action Plan 2021–2025 - Generic

    Kenya Mental Health Action Plan 2021–2025 - Generic

    Kenya Mental Health Policy 2015–2030

    Legal provision

    Kenya Mental Health Policy 2015–2030 - Generic

    Kenya Mental Health Policy 2015–2030 - Generic