Members of Parliament (MPs) have called for legal reforms following reports that dozens of recovered mental patients at the Mathari National Teaching and Referral Hospital remain confined decades later.
Speaking when he appeared before the National Assembly Committee on Health, the hospital's Chief Executive Officer (CEO), Dr Julius Ogato, explained that the delayed release is due to bureaucratic interferences, particularly for patients whose admission was court-ordered.
"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," Dr Ogato stated.
“Unfortunately, the process takes too long due to bureaucratic inefficiencies. The law requires a court ruling or directive, but the system is slow, and sometimes there is no follow-up after admission.”
This prolonged confinement, the CEO added, not only robbed the patients of their rights to freedom but also led to strained resources in the hospital as more people needed the facilities but could not access them.
He noted that the sluggish pace in processing their release had led to some patients remaining in the hospital for up to 20 years. Ogato called on MPs to intervene and fast-track reforms that would allow patients to be discharged immediately upon recovery.
The Committee Chair, Endebess MP Dr Robert Pukose, noted the grievances, stating that government intervention was crucial.
He proposed the establishment of a special tribunal within the Judiciary to review cases regularly and ensure that none slip through the cracks.
"It is unacceptable that a recovered person remains locked up due to administrative inefficiencies. The government must ensure fair treatment and reintegration. We should not wait years to process a simple release order,” he said.
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 appropriate orders regarding their estate but is not required to order their custody.
However, those declared unfit to stand trial remain confined until they regain stability. Once recovered, they require formal court approval for release, which is often delayed due to misplaced records, lack of follow-ups, or family reluctance to take them back due to stigma and fear of relapse.
Mental health advocates have also urged the government to establish a legal desk at Mathari to liaise with the Judiciary and expedite such releases.
