# What should a clinician do when served with a court order or subpoena for therapy notes?

URL: https://tymirahealth.com/resources/faqs/what-should-a-clinician-do-when-served-with-a-court-order-or-subpoena-for-therapy-notes
For: Clinicians | Mental health practice | Reviewed by Independent clinical reviewer, Registered mental health clinician, Kenya | Last reviewed 8 November 2026

**Answer:** Both the Health Act (section 11) and the Mental Health Act (section 3H) allow disclosure of confidential health information when ordered by a court or required by law. A request from a lawyer or police officer is not the same as a court order. Check the document's authority, disclose only what is specified, inform the client where appropriate, and keep a record of what was released. Seek legal advice before responding, especially where disclosure could harm the client.

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

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