Justice Lawrence Mugambi of the High Court has declared Section 226 of Kenya’s Penal Code unconstitutional. This has effectively decriminalised attempted suicide.
The ruling marks a major milestone in the fight for mental health rights and aligns with Kenya’s constitutional guarantees under Articles 27, 28, and 43, which emphasize equality, human dignity, and access to healthcare.
Previously, Section 226 stated that any person who attempted to kill themselves was guilty of a misdemeanour, punishable by imprisonment or fines.
“Attempting suicide Any person who attempts to kill himself is guilty of a misdemeanour,” Section 226 of the Penal Code reads.
This means that for years, individuals facing mental health crises were branded as criminals rather than victims in need of help.
Mental health advocates, legal professionals, and human rights organizations have long argued that the criminalization of suicide attempts further stigmatized mental health issues.
It compounded the suffering of vulnerable individuals, discouraged Kenyans from seeking help, and highlighted feelings of isolation and shame.
The Kenya National Commission on Human Rights (KNCHR) has welcomed the decision, stating that Mental health rights are human rights.
Globally, Kenya joins a growing list of countries, including India and Ghana, that have repealed or reformed similar laws inherited from colonial administrations.
The decriminalization trend reflects an evolving recognition that suicide is a public health concern requiring preventive and therapeutic interventions rather than legal penalties.
Earlier in August 2024, Professor Lukoye Atwoli tabled a proposal in parliament to decriminalize attempted suicide.
Speaker Moses Wetang’ula read the petition which sought the intervention of the National Assembly in repealing section 226 of the Penal Code Cap. 63 to decriminalize attempted suicide as shared with the Public Petitions Committee for consideration.
In the petition, Lukoye argued that suicide is a mental health issue and that criminalizing attempted suicide failed to address the underlying issues of mental health.
Additionally, he noted that the criminalization of the disorder exposed its victims to shame and stigma noting that Kenya was among the few countries where attempted suicide is still punishable.
“My office has received a petition from Dr Lukoye Atwoli, a citizen, a professor of psychiatry and Dean at the Aga Khan University calling for the repeal of section 226 of the penal code on attempting suicide,” Wetangula stated