The High Court in Nairobi has decriminalized attempted suicide, ruling that Section 226 of the Penal Code is unconstitutional. Justice Lawrence Mugambi, who issued the ruling on Thursday, declared that criminalizing suicide attempts violates fundamental human rights enshrined in Kenya’s Constitution.
Section 226 of the Penal Code previously categorized attempted suicide as a misdemeanor, punishable by up to two years in prison, a fine, or both. Justice Mugambi found that this provision contravenes Articles 27 (equality and freedom from discrimination), 28 (human dignity), and 43 (the right to health) of the Constitution.
“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,” ruled Mugambi. He emphasized that the law demeans survivors of suicide ideation, violating their dignity and subjecting them to community stigma for actions beyond their mental control.
The case was spearheaded by the Kenya National Commission on Human Rights (KNCHR), the Kenya Psychiatric Association (KPA), and other stakeholders, who filed a petition challenging the Penal Code. In their affidavit, they argued that punishing individuals who attempt suicide disregards the mental health challenges they face, violating their rights as persons with mental disabilities.
Prior to the ruling, Kenya was among nine African nations that criminalized attempted suicide, alongside Ghana, Malawi, Nigeria, Somalia, South Sudan, Sudan, Tanzania, and Uganda.
Mental health advocates have lauded the decision, viewing it as a progressive step toward addressing mental health issues with compassion rather than criminalization. “This ruling sets a precedent for treating suicide ideation as a health crisis rather than a crime,” said a spokesperson from KPA.
The decision highlights the need for Kenya to bolster its mental health support systems. By decriminalizing attempted suicide, the court has underscored the importance of promoting dignity and access to mental healthcare for all citizens.
