Irony of progressive mental health law snubbed in practice two years on

Participants march in a procession to mark World Mental Health Awareness Month along Tom Mboya Street, Nairobi on May 6, 2023. 

Photo credit: File | Nation Media Group

Each May, the world observes Mental Health Awareness Month to reflect on the well-being of our minds.

In Kenya, the conversations are vibrant, the hashtags are abundant, and the messages of hope resonate across airwaves and social media.

However, for those who live with mental illness, these gestures often ring hollow. Behind the messages of solidarity lies a harsh truth:

Awareness without action is nothing more than a façade. It’s time we confront the reality that Kenya’s mental health crisis demands more than just recognition. It requires deep, committed, and immediate change.

In 2022, Kenya enacted the Mental Health Act 2022, a law that promises to reshape the nation’s approach to mental health.

The Act, hailed as a progressive framework, was designed to replace the previous archaic law. As a start, it envisions a future where mental health care is accessible to all, where patients’ rights are protected, and where stigma is eradicated through national education and awareness campaigns. However, more than two years after the Act’s passage, this vision remains largely unrealised.

Despite the law’s promise, Kenya has yet to fully implement the provisions that would bring hope to millions in need.

The need for action has never been more urgent. According to the World Health Organization, one in four Kenyans will experience a mental health condition in their lifetime.

Suicide rates, especially among the youth, are disturbingly high. In 2023, 421 people lost their lives to suicide. The toll is likely much higher, given the persistent underreporting. Yet, despite these alarming statistics, the mental health sector remains underfunded and underserved. Kenya has fewer than three psychiatrists per million people, and there are severe shortages of mental health professionals.

However, even amid this crisis, we have witnessed significant progress. The judgment on decriminalisation of suicide in early 2025 stands as a beacon of hope.

For decades, suicide has been treated as a criminal offence, compounding the suffering of those in crisis and their families. By removing the criminal penalty, Kenya has recognised that mental health challenges require compassion, not punishment.

This reform signals that the government is willing to confront its past mistakes. However, the question remains: will it build on this momentum and take real, sustained action to support those in need?

Kenya must move beyond legal reforms and begin the long, hard implementation work. This work must include investing in trauma-informed care that understands the deep emotional scars carried by many Kenyans from poverty, violence, displacement, and historical injustices.

As we observe Mental Health Awareness Month, remember that awareness is only the beginning. The real challenge lies in moving from rhetoric to action. We have the law. We have the data. We have the vision. Now, what we need is the political courage to implement it and give every Kenyan the chance to live a life of dignity and well-being.

Trauma-informed care centres on the idea that healing begins when we create spaces that are safe, empathetic, and empowering for those who have been hurt.

In a country that has endured decades of turmoil, this approach is not just an option, it is a necessity.

But trauma-informed care is not enough if it is not complemented by a shift in public perception. Stigma remains one of the greatest barriers to accessing care. In many parts of Kenya, mental illness is still seen as a curse, a sign of personal failure, or even a punishment from the gods. This mindset perpetuates silence and isolation, leaving people to suffer in the shadows of shame.

Changing this narrative requires more than awareness campaigns it requires a national movement led by survivors, policy makers, faith leaders, educators, and community activists who can dismantle the deeply ingrained misconceptions about mental health.

As we look toward the future, there are clear steps we must take to ensure that the Mental Health Act becomes a living document that improves the lives of all Kenyans:

Fully empower the Mental Health Board, ensuring it is fully equipped to provide national oversight and accountability.

Fully integrate mental health services into primary health care at the counties, ensuring they are accessible, affordable and equitable to all, regardless of geography or economic status.

Train not just specialists, but community health workers, teachers, and first responders—on basic mental health care, so that help is available at every level of society.

Collect and publish national mental health data to guide policy and funding.

Increase funding for mental health care through the National Budget, and ensure it is included as a core component of primary healthcare, as mandated by the Act.

Embed mental health education in schools, ensuring that children and young adults learn how to recognize, cope with, and seek help for mental health issues early in life.

Create public spaces for dialogue: forums where people can share their stories, learn from each other, and push for policy change together.

Ultimately, the heart of the issue lies not in the law itself, but in our collective political will. Too often, mental health is relegated to the sidelines of policy discussions, seen as a secondary concern in the face of other national priorities.

But mental health is not just a peripheral issue;it is foundational to a healthy, productive society. If Kenya is to build a future where all its citizens can thrive, we must ensure that mental health is treated with the same urgency as other critical issues like education, infrastructure, and security.

The writer is lawyer and public policy specialist with a background in gender, disability inclusion and mental health 

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