# When can a mental health clinician in Kenya share confidential client information without consent?

URL: https://tymirahealth.com/resources/faqs/when-can-a-mental-health-clinician-in-kenya-share-confidential-client-information-without-consen
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 (section 3H) makes all care and treatment information confidential, but allows disclosure where it is required by law, ordered by a court, in the public interest, necessary to prevent serious harm to the client or others, needed for treatment, authorised under a supportive decision-making agreement, or in the client's best interest. The Health Act (section 11) separately permits disclosure with written consent, under a court order or law, or for a serious public health threat. Disclose only what is necessary, record your reasoning, and consult a supervisor or lawyer when unsure.

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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