20/03/2026
According to Dr Catherine Syengo Mutisya, a consultant psychiatrist, in an article published by The Standard, we are called to rethink what justice truly means when mental illness is involved.
The human mind is complex, and during severe mental illness—especially in psychotic episodes—perception can become deeply distorted. In such moments, imagined threats may feel completely real, sometimes leading individuals to act in ways they would never consider when mentally stable.
For many years in Kenya, the justice system responded to such situations with detention rather than dignity. Under older legal frameworks like the Mental Health Act of 1989, individuals found “guilty but insane” were often confined for long, indefinite periods under the “President’s pleasure,” with little emphasis on treatment or recovery.
But a shift is taking place.
With reforms such as the 2022 Revised Mental Health Act, the focus is moving from punishment to care, assessment, and rehabilitation. The concept of fitness to plead now ensures that no one is forced to go through a trial they cannot mentally understand. Instead, mental health professionals assess whether an individual can comprehend charges, participate in their defense, and communicate effectively in court.
Institutions like Mathari National Teaching and Referral Hospital have long been central in handling such cases, but the approach is evolving. Today, there is a stronger push toward recovery, reintegration, and dignity. Through structured reviews, risk assessments, and conditional discharges, patients are given a pathway back to society—not just confinement away from it.
This transformation reflects a deeper truth:
mental illness is not a crime—it is a health condition that requires compassion, timely intervention, and proper care.
Prevention also plays a crucial role. Early screening, integrating mental health into primary healthcare, and reducing stigma can help individuals receive support before crises escalate into legal situations.
Because in the end, true justice is not only about holding people accountable—it is about restoring dignity, promoting healing, and creating a system that sees the person beyond the illness.
