NAIROBI, Kenya – Kenya is set to overhaul its approach to mental health after a key parliamentary committee approved a proposal to scrap the colonial-era law that criminalises suicide attempts.
The National Assembly’s Justice and Legal Affairs Committee (JLAC) has endorsed a bill seeking the deletion of Section 226 of the Penal Code, which currently prescribes up to six years in prison, a fine, or both for anyone who attempts to take their own life.
Mental health advocates have long argued that the punitive law deepens suffering for people already in crisis.
The reform bill, sponsored by Mathare MP Antony Oluoch, won the backing of the committee chaired by Tharaka MP Gitonga Murugara, who described it as a “progressive, humane and constitutionally aligned” step forward.
JLAC said the government — both national and county — must now scale up mental health services once criminal penalties are removed.
The committee urged the establishment of more treatment facilities and the adoption of technology to support care for people experiencing suicidal thoughts or behaviour.
“The law obligates the government to provide the facilities for care, rehabilitation, and provision of health services to persons with mental illnesses,” the report notes, emphasising that this includes individuals struggling with suicidality.
Stakeholders Back Reform
The committee reviewed submissions from the Law Society of Kenya, the National Gender and Equality Commission, Outreach for Action Kenya, and law firm Anjarwalla & Khanna (ALN).
All supported the repeal, noting that the High Court has already declared Section 226 unconstitutional.
Stakeholders said the Mental Health Act already recognises suicidal behaviour as a manifestation of mental illness — meaning the state should prioritise treatment, not punishment. ALN warned that the existing law fuels stigma and dishonours victims.
“Survivors of suicide and persons with suicidal tendencies are exposed to criminal sanction instead of healthcare, eroding their right to the highest attainable standard of health,” the committee report quotes the firm as saying.
The Law Society and Outreach for Action Kenya added that criminal penalties effectively punish people in severe psychological distress rather than addressing the underlying causes.
“Criminal sanctions penalise suffering rather than address the root causes,” they argued.
NGEC further urged MPs to initiate a separate conversation on decriminalising substance abuse, saying treatment — not prosecution — should guide the government’s response to addiction. However, MPs said the issue requires a distinct legislative process.
Colonial Legacy Under Scrutiny
The bill builds on an October recommendation by the Petitions Committee following a petition by psychiatrist Dr Lukoye Atwoli, who warned that the law is harmful and outdated.
“Kenya remains one of the few countries that still has legislation criminalising suicide attempts, a leftover from colonial times,” Atwoli told lawmakers.
He stressed that suicide attempts are medical emergencies requiring immediate intervention to prevent injury or death — not criminal investigations.
He argued that Section 226 violates constitutional rights, including equality, dignity and access to health.
Atwoli cited studies showing one in six people in Nandi County have attempted suicide, illustrating the urgency of reform.
Data from the World Bank places Kenya’s suicide rate at 6.1 per 100,000 people, while the Ministry of Health estimates it at nearly double — 11 per 100,000 — with men most affected.
Section 226 has been widely described as a relic that obstructs mental health care and perpetuates stigma, with rights groups saying its repeal would align Kenya with global efforts to reduce suicide and treat mental illness as a public health matter.
If enacted, the bill would mark a significant policy shift and place the country among a growing number of nations moving away from punitive responses to mental health crises.
