NAIROBI, Kenya – The High Court in Nairobi has decriminalized attempted suicide in Kenya, marking a significant shift in the country’s approach to mental health issues.
Justice Lawrence Mugambi delivered the groundbreaking judgment on Thursday, declaring Section 226 of the Penal Code, which criminalizes attempted suicide, unconstitutional.
Justice Mugambi’s ruling emphasized that Section 226 violates several fundamental rights protected under the Constitution.
The section had previously stipulated that individuals who attempt suicide could be charged with a misdemeanor, facing up to two years in prison, a fine, or both.
“It is my finding that applying the purpose and effect principle of constitutional interpretation, Section 226 of the Penal Code offends Article 27 of the Constitution by criminalising a mental health issue, thereby endorsing discrimination on the basis of health, which is unconstitutional,” Justice Mugambi stated in his ruling.
He further noted that the provision also contravenes Article 28 on human dignity and Article 43 on the right to health.
“It also indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control, which is a violation of Article 28,” he added.
The ruling came after a petition filed by the Kenya National Commission on Human Rights (KNCHR), the Kenya Psychiatric Association (KPA), and other institutions.
They argued that punishing suicide survivors is unconstitutional and discriminatory against persons with mental disabilities.
“This judgment is a monumental step towards acknowledging mental health issues as health conditions that require care and support, not criminalization,” commented a KNCHR representative following the ruling.
STATEMENT. Historic Ruling Ends Criminalization of Attempted Suicide in Kenya. @HakiKNCHR joins all Kenyans and the global community to acknowledge and celebrate todays historic judgment in Petition 45 of 2022 which decriminalizes attempted suicide under Section 226 of the Penal…
Before this decision, Kenya was among nine African countries that criminalized attempted suicide, including Ghana, Malawi, Nigeria, Somalia, South Sudan, Sudan, Tanzania, and Uganda.
This ruling is expected to pave the way for more compassionate handling of mental health issues, encouraging those struggling with mental health to seek help without fear of legal repercussions.
