Kenya Court Declares Criminalising Attempted Suicide Unconstitutional
Landmark Ruling Hailed by Human Rights and Mental Health Advocates
A Kenyan High Court has struck down sections of the penal code that criminalise attempted suicide, declaring them unconstitutional. In a ruling delivered on Thursday, Judge Lawrence Mugambi stated that Section 226 of the penal code violates the constitution by punishing individuals suffering from mental health issues.
The penal code previously classified attempted suicide as a misdemeanour, punishable by up to two years’ imprisonment, a fine, or both. It also set the minimum age of prosecution at eight years. However, Judge Mugambi found that this law contradicts Article 43 of the constitution, which guarantees the right to the “highest attainable standard of health.”
“Section 226 of the penal code offends Article 27 of the constitution by criminalising a mental health issue, thereby endorsing discrimination based on health,” said Mugambi. He added that the law stigmatizes individuals experiencing suicidal ideation, further indignifying their plight.
The decision follows a petition filed by the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association. The groups argued that undiagnosed and untreated mental health conditions are significant drivers of suicide attempts.
KNCHR praised the ruling, calling it a turning point in addressing mental health challenges. “This judgment is a rallying call for open conversations among individuals, communities, organisations, and the government. It raises awareness and fights stigma,” the commission said in a statement.
Efforts to decriminalise attempted suicide in Kenya had previously failed, despite calls from human rights and medical experts who emphasised the need for medical care rather than criminal penalties.
Dr. Julius Ogato, CEO of Mathari National Teaching and Referral Hospital, highlighted the biological basis of mental illness, likening it to other medical conditions such as diabetes. “When someone has suicidal thoughts, they require empathy and support to access treatment,” he said.
Kenya’s Suicide Prevention Strategy (2021-2026) estimates the country’s suicide rate at 11 per 100,000 people, translating to approximately four suicide deaths daily. Globally, the World Health Organization reports that over 700,000 people die by suicide each year, with 70% of cases occurring in low- and middle-income countries.
This ruling is expected to pave the way for mental health reforms and reduce stigma around suicide in Kenya.
