For decades, Kenya’s suicide statistics have been inaccurate, misrepresented, and vastly underestimated. Leading psychiatrist Prof Lukoye Atwoli, the deputy director of the Aga Khan University’s Brain and Mind Institute (BMI), has been at the forefront of efforts to decriminalize attempted suicide in Kenya. His persistence finally bore fruit last month when the High Court declared Section 226 of the Penal Code unconstitutional. This colonial-era law, which criminalized suicide attempts, forced doctors and law enforcement officials to misrecord cases to protect patients from legal prosecution and denial of insurance coverage.
Prof Atwoli argues that criminalizing suicide attempts was an outdated and harmful policy that failed to acknowledge the underlying mental health issues that drive individuals to such extremes. Instead of receiving medical help, those who attempted suicide were often arrested, taken through the criminal justice system, and further stigmatized. With the recent court ruling, there is now hope that mental health will be treated as a legitimate medical concern rather than a criminal offense.
The ruling by High Court Judge Lawrence Mugambi was a landmark decision that aligned with Kenya’s constitution, which guarantees the right to healthcare, dignity, and non-discrimination. The judge found that Section 226 violated these fundamental rights, particularly Article 27, which prohibits discrimination based on health status. By treating individuals with suicidal ideation differently from those suffering from other medical conditions, the law unfairly punished those in crisis. Additionally, the ruling highlighted that criminalizing attempted suicide was an infringement on human dignity, as stated in Article 28, and a violation of the right to healthcare under Article 43.
Despite this legal victory, Prof Atwoli warns that the battle is far from over. While the judiciary has done its part, legislative and executive actions are still necessary. A pending petition before Parliament seeks to formally remove Section 226 from the Penal Code. Prof Atwoli, who filed the petition in August last year, believes that repealing the law entirely is crucial to ensuring that no individual is arrested or prosecuted under the now-unconstitutional statute. He emphasizes that even though the court has ruled against the law, law enforcement officers might still arrest individuals due to ignorance or misinterpretation. Amending the Penal Code will eliminate any ambiguity and reinforce the shift towards a healthcare-based approach to mental health crises.
Beyond legal reforms, there is an urgent need for increased investment in mental health services across the country. Suicide rates in Kenya have been rising, and other mental health issues, including depression, anxiety, and substance abuse, are becoming more prevalent. Prof Atwoli calls for the training and deployment of more mental health professionals, improved access to counseling and psychiatric services, and better-equipped healthcare facilities to address the growing crisis. He notes that addressing mental health concerns at their root causes, rather than criminalizing symptoms, is the most effective way to reduce suicide rates.
One of the major consequences of Section 226 was the widespread misreporting of suicide cases. Because suicide was a crime, many cases were either disguised as accidents or recorded under vague medical terms such as cardiopulmonary arrest or asphyxiation. This misrepresentation distorted Kenya’s suicide statistics, making it difficult for researchers and policymakers to understand the true extent of the problem. Prof Atwoli believes that with the decriminalization of suicide attempts, Kenya can now begin to collect more accurate data, leading to better-informed policies and interventions.
The impact of the law extended beyond the legal system, affecting health insurance policies as well. Many insurers refused to cover hospitalization or treatment following a suicide attempt, categorizing such cases as “self-inflicted injuries” and therefore not eligible for compensation. This further discouraged individuals from seeking help and placed an additional financial burden on families. The ruling against Section 226 is expected to pave the way for changes in insurance policies, ensuring that individuals receive the medical support they need without discrimination.
Stigma remains another significant barrier. Even with legal reforms, individuals who survive suicide attempts often face judgment from their families and communities. Survivors are frequently treated as outcasts, while the families of those who die by suicide endure social shame and isolation. Prof Atwoli stresses the need for widespread public education on mental health to reduce stigma and encourage those in crisis to seek help without fear of condemnation.
Kenya can learn from other countries that have abolished similar laws. The key lesson is that public policy should prioritize human welfare. Criminalizing a mental health crisis does nothing to address the root causes of suicide and instead exacerbates suffering. Nations that have removed such laws have seen improved access to mental health services, reduced stigma, and more effective suicide prevention strategies.
Ultimately, Prof Atwoli’s message is clear: the value of a human life must take precedence over outdated and punitive laws. With the decriminalization of suicide attempts, Kenya has taken an important step forward, but continued efforts are needed to ensure that mental health care is accessible, stigma-free, and adequately funded.
