Healed but still confined: Legal hurdles keep recovered patients at Mathari Hospital

𝐌𝐚𝐢𝐧 𝐏𝐚𝐫𝐥𝐢𝐚𝐦𝐞𝐧𝐭 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠𝐬. 
𝐖𝐞𝐝𝐧𝐞𝐬𝐝𝐚𝐲, 𝐅𝐞𝐛𝐫𝐮𝐚𝐫𝐲 𝟏𝟗𝐭𝐡, 𝟐𝟎𝟐𝟓.

Dozens of mental patients committed to Mathari National Teaching and Referral Hospital by court orders remain confined despite recovering, due to legal and bureaucratic hurdles that delay their discharge.

The situation has raised concerns among mental health advocates, lawmakers, and hospital officials who argue that prolonged confinement denies patients their right to freedom and strains the hospital’s already limited resources.

Dr. Julius Ogato, CEO of Mathari Hospital, explained that discharging patients committed by court orders is complex, requiring legal clearance. “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 due to bureaucratic inefficiencies,” he told the National Assembly Departmental Committee on Health.

Some patients have been confined for over 20 years after recovery due to the lack of a legal framework to fast-track their release. “The law requires a court ruling or directive, but the system is slow, and sometimes there is no follow-up after admission,” Dr. Ogato added.

The Mental Health Act, CAP. 24, Section 26(3) states that if a person is mentally disordered but capable of managing themselves, the court may issue appropriate orders for 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.

Endebess MP Dr. Robert Pukose, Chairperson of the National Assembly’s Health Committee, has called for urgent legal reforms. 

“It is unacceptable that a recovered person remains locked up due to administrative inefficiencies. The government must ensure fair treatment and reintegration,” he said. 

He proposed 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 added.

Mathari Hospital, already overwhelmed with new admissions, struggles with resource constraints due to prolonged patient detention. 

“Every bed occupied by a recovered patient is a bed denied to another in urgent need,” Dr. Ogato emphasized.

Mental health advocates urge the government to establish a legal desk at Mathari to liaise with the Judiciary and expedite releases. 

Dr. Pukose vowed to push for legislative amendments, while Dr. Ogato called for periodic case reviews to prevent unnecessary confinement.