Appearing before the National Assembly’s Committee on Health, Ogato pointed out that the issue primarily stems from legal and bureaucratic hurdles.
This, he said, has continued to delay their release even though the patients are fit to return to society.
National Assembly’s Committee on Health Chairperson Robert Pukose in Parliament on February 19/2025 /HANDOUT
Mathari National Teaching and Referral Hospital CEO Julius Ogato has explained the complexities surrounding the discharge of mental patients who remain confined to the facility despite fully recovering.
Appearing before the National Assembly’s Committee on Health, Ogato pointed out that the issue primarily stems from legal and bureaucratic hurdles.
This, he said, has continued to delay their release even though the patients are fit to return to society.
He clarified that discharging patients who were committed by court orders is not a straightforward process.
“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,” he stated.Some of the patients at the facility, he stated, have remained confined for over 20 years, despite being fully recovered, simply because there is no swift legal framework in place to facilitate their release.
Ogato pointed out that the law mandates a court ruling or directive for the release of these individuals, but due to slow systems and a lack of follow-up, these cases can take years to process.
The situation has continued to spark concern among mental health advocates, lawmakers, and hospital staff.
They argue that the prolonged confinement of stable patients infringes on their rights to freedom and places an unnecessary strain on the hospital’s already stretched resources.
According to the Mental Health Act, CAP. 24, Section 26(3), if a person is mentally disordered but capable of managing themselves, the court may issue orders related to their estate but is not obligated to order their custody.
However, those who have been declared unfit to stand trial are confined until they regain their stability.
Once recovered, they must secure formal court approval to be discharged, a process that is often delayed due to misplaced records, lack of follow-up, or the reluctance of families to take them back because of societal stigma and fear of relapse.
Committee chairperson Robert Pukose called for urgent legal reforms noting it is unacceptable that a recovered person remains locked up due to administrative inefficiencies.
“The government must ensure fair treatment and reintegration,” he stated.
Pukose proposed the establishment of a special tribunal or fast-track mechanism within the Judiciary to review cases regularly.
“We should not wait years to process a simple release order,” he said as he committed to push for legislative amendments.
Mathari Hospital, which is already overwhelmed with new admissions is facing additional resource constraints because of the continued detention of recovered patients.
Ogato emphasised that this challenge has continued to deal a huge blow to other patients in urgent need of care since available beds remain occupied by patients who are ready for discharge.
He further called for periodic case reviews to prevent unnecessary confinement.
