The body further conducts laboratory testing and inspection of manufacturing, storage and distribution facilities of health products and technologies.
With the spiking number of mental health illnesses in Kenya - according to experts and the Ministry's data including WHO's - the Act directs the establishment of the Mental Health Act.
Former President Uhuru Kenyatta enacted the Mental Health Act in 2021.
The law provides for the provision of quality healthcare, treatment, and rehabilitation to persons suffering from any form of mental illness.
Individuals are guaranteed proper healthcare through the allocation of more resources to mental health, by both the national and county governments.
Under the law, the national government is also expected to allocate between four and six per cent of the total health budget to mental health.
Nevertheless, county governments are mandated to allocate a similar percentage of their health budgets, to implement mental health policies.
"Devolved units will also allocate funds for personnel and resources to provide mental healthcare within county health facilities from level two to level five hospitals, besides having dedicated clinics to offer outpatient services and community-based care and treatment for persons with mental illness," reads a section of the Mental Health Act.
Kenya allocates only 0.01 per cent of the budget for mental health.
The country requires Kshs 12 billion for mental healthcare annually, which translates to Sh250 per person annually, but instead, the State is spending Kshs 25 per person.
Additionally, the law decrees insurance companies to offset the medical bills of patients with mental illnesses.
Currently, health covers do not accommodate mental health bills.
On the other hand, county governments are also mandated to set up goals and policies, hire more practitioners and integrate mental health into the healthcare system.
Amid stigma associated with mental health, the law promotes recovery, enhances rehabilitation, safeguards rights, and ensures the integration of persons with mental illnesses into their respective communities, besides reducing the impact of mental illness, including the effects of stigma.
"I am extremely happy to have the Mental Health Act. It has been a long journey of pushing to have an Act of parliament," former Senator Sylvia Kasangani told 'The Standard'.
Kasangani is the one who drafted the Mental Health Bill, that was enacted into law.
The senator said she drafted the Bill due to "neglect of mental health which sees vulnerable citizens suffering from severe cases, yet they are not receiving treatment and the dignity that every citizen is entitled to in the Constitution."
The common mental illnesses in Kenya, according to the Mental Taskforce established by President Kenyatta, include depression and suicide, substance use disorder, bipolar disorder, schizophrenia, and other psychoses.
According to a WHO report, at least one in every four Kenyans suffers from mental health illnesses.
"Mental health illnesses start from everyday life challenges like anxiety, stress, depression, and advanced mental illnesses like schizophrenia, psychosis, and extreme bipolar. Many Kenyans suffer even without knowing they are suffering," Kasanga added.
A 2011 report by the Kenya National Commission on Human Rights titled 'Silenced Minds: The Systematic Neglect of the Mental Health Systems in Kenya' noted the lack of a roadmap on mental health and recommended that the Ministry of Health develops a clear roadmap by reviewing the Mental Health Act.
President Uhuru Kenyatta was keen on mental health. In 2019, he appointed a task force to look into the country's mental health crisis.
But a number of Acts and policies are yet to be effected in the country due to a lack of resources, according to experts.
"A lot of Acts of Parliament are not implemented to the letter because of lack of resources, lack of political will and knee-jerk reaction," observes XN Iraki, an Economist and Professor at the University of Nairobi.
Some of the laws he says have helped save lives, like during COVID-19, where the Public Health Act, on preventive and promotive health worked.
To effectively have these laws and acts actualised, Iraki notes the need to have them re-looked at.
"They need to be revised, to take cognisance of devolution, technology and global trends."