Petitioners: Stop criminalizing attempted suicide

BY ERIC ABUGA

The Public Petitions Committee has tabled its report on a petition calling for the repeal of Section 226 of the Penal Code, which criminalizes attempted suicide.

The petition, presented before the National Assembly by Speaker Moses Wetang’ula on 13th August 2024 on behalf of Dr. Lukoye Atwoli, Professor of Psychiatry and Dean at the Aga Khan University’s, Medical College of East Africa urged Parliament to decriminalize attempted suicide on grounds that it is a mental health issue rather than a criminal offence.

Dr. Atwoli argued that punishing persons in crisis only compounds stigma, deterring those affected from seeking much needed treatment. This, Dr Atwoli notes, contradicts the rights to health and dignity guaranteed under Articles 27, 28 and 43 of the Constitution.

Dr. Atwoli informed the Committee that Kenya is among a handful of countries still enforcing this colonial-era law further drawing similarities to the United Kingdom which has since repealed a similar law and is now recognizing attempted suicide as medical emergency that require treatment and support rather than prosecution.

The Committee received submissions from key stakeholders including the Kenya Law Reform Commission and the Office of the Attorney General and Department of Justice. Both institutions supported the repeal, with the Attorney General pointing to a January 2025 High Court decision that declared Section 226 unconstitutional.

The Court held that criminalizing attempted suicide discriminates on health grounds, undermines human dignity, and violates the right to the highest attainable standard of health.

While consideration the Petition, the Muchangi Karemba led Committee observed that retaining Section 226 undermines constitutional rights, entrenches stigma, and hinders suicide prevention efforts. It further noted that the Mental Health Act already recognizes suicidal ideation as a mental health condition, making punishment inappropriate.

In its recommendations, the Committee called for the repeal of Section 226 of the Penal Code, aligning Kenya with global commitments such as the World Health Organization (WHO) Global Mental Health Action Plan 2013–2030 and the Kenya Mental Health Action Plan 2021–2025, both of which single out decriminalization of the as a key strategy in suicide prevention.

If adopted by the House, the recommendation will mark a turning point in Kenya’s response to mental health, moving away from punishment and towards dignity, treatment, and the chance for those in despair to find a way back to life.

Additionally, the Committee Chairperson also tabled reports on five (5) other Public Petitions that are before the House. The house is now expected to commence debate and consideration of the Committee findings.