# How should capacity to consent be assessed and documented under Kenyan law?

URL: https://tymirahealth.com/resources/faqs/how-should-capacity-to-consent-be-assessed-and-documented-under-kenyan-law
For: Clinicians | Mental health practice | Reviewed by Independent clinical reviewer, Registered mental health clinician, Kenya | Last reviewed 8 November 2026

**Answer:** The Mental Health Act requires written, informed and voluntary consent, with adequate disclosure of the treatment's type, purpose, duration, side effects and benefits (section 9F). Where a person cannot make an informed decision, consent comes from their appointed supporter, following the person's will and preferences, or their representative (section 3B). The Act does not set out a detailed capacity test. Record how you assessed understanding, who consented and why, and revisit capacity as the person's condition changes.

Sources: Kenya Law: https://new.kenyalaw.org/akn/ke/act/1989/10/eng@2023-12-11 - Kenya Law: https://new.kenyalaw.org/akn/ke/act/2017/21/eng@2022-12-31

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