High Court has ruled that criminalizing attempted suicide is unconstitutional, marking a significant step forward in mental health advocacy. The court’s judgment declared Section 226 of the penal code, which prescribes a fine or up to two years imprisonment for attempted suicide, as discriminatory and inconsistent with constitutional rights. Judge Lawrence Mugambi ruled that punishing individuals for suicide attempts perpetuates stigma, violates their right to health, and endorses discrimination based on mental health.
The decision was lauded by rights groups and medical professionals, including the Kenya National Commission on Human Rights (KNCHR), which called it a “significant milestone” and a “rallying call for open and candid conversations” about mental health. KNCHR emphasized that the ruling would help combat stigma and encourage the creation of safe spaces for individuals to seek support without fear of legal repercussions.
The Kenya Psychiatric Association echoed similar sentiments, urging the immediate release of individuals detained for attempted suicide and calling for the fast-tracking of legislative efforts to decriminalize other aspects of mental illness. “This ruling is a critical step in ensuring dignity and empathy for those battling mental health challenges,” said Dr. Chitayi Murabula, the association’s president.
The ruling comes against a backdrop of concerning statistics. The Ministry of Health estimates that Kenya has an age-standardized suicide rate of 11 per 100,000 people, translating to about four suicide deaths daily. Globally, the World Health Organization (WHO) reports over 700,000 suicides annually, with 70% occurring in low- and middle-income countries. Moreover, the WHO estimates that for every completed suicide in Africa, there are 20 attempts, highlighting the urgent need for preventive measures.
Kenya’s mental health crisis has spurred numerous campaigns, including the Suicide Prevention Strategy 2021–2026 and initiatives to destigmatize mental illness. Experts, like Dr. Julius Ogato of Mathari National Teaching and Referral Hospital, underscore the importance of viewing suicide attempts as manifestations of mental health disorders requiring compassion and medical intervention rather than punishment.
