# Is there a legal 'duty to warn' or 'duty to protect' a third party in Kenya?

URL: https://tymirahealth.com/resources/faqs/is-there-a-legal-duty-to-warn-or-duty-to-protect-a-third-party-in-kenya
For: Clinicians | Mental health practice | Reviewed by Independent clinical reviewer, Registered mental health clinician, Kenya | Last reviewed 8 November 2026

**Answer:** No Kenyan statute reviewed sets out a specific duty to warn equivalent to the US Tarasoff rule. However, section 3H(2)(d) of the Mental Health Act permits a practitioner to disclose confidential information where necessary to prevent the likelihood of serious harm to the client or to others. Whether disclosure is required in a particular case is a professional and legal judgement. Document the risk, the information shared, with whom and why, and seek advice from your supervisor, regulator or a lawyer promptly.

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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