‘Mental Health in An Unequal World’: A Claim for Granting of Legal Capacity and Protection of Mentally Ill Persons in The Realm of Property Rights By Miracle Okoth Okumu Mudeyi and Teddy Tabu Odira
Mental health is defined as “a state of well-being whereby individuals recognize and realize their abilities, can cope with the normal stresses of life, work productively and fruitfully, and make a contribution to their communities.” A common mental health disorder is estimated to affect one out of every ten Kenyans today. The most common mental illnesses identified in Kenya are depression, anxiety and drug use disorders.
According to the Mental Health Act, of Kenya mental illness translates to a lack of legal capacity to contract on . The act provides a procedure for dealing with the property of people suffering from mental illness. However, legitimate claims arise that this provision is outdated and violates the conventions of international human rights.
