In a landmark ruling, a Kenyan judge has declared that laws criminalizing attempted suicide are unconstitutional. On Thursday, High Court Judge Lawrence Mugambi declared that Section 226 of the Penal Code, which punishes individuals for attempting suicide, violates the country’s constitution by penalizing those struggling with mental health issues beyond their control.
Under the current legal framework, any person who attempts suicide is liable to imprisonment for a term not exceeding two years, or a fine, or both. The law even allows prosecution of persons as young as eight years old. However, Judge Mugambi argued that this punitive approach discriminates against those facing mental health challenges, undermining their right to the “highest attainable standard of health,” as outlined in Article 43 of the constitution.
Mugambi observed that the section of the penal code discriminates against mentally sick people and adds to the stigmatization by society. “It also in dignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control,” the judge said.
The case, which led to the historic ruling, was filed by several organizations, including the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association. These groups argued that undiagnosed and untreated mental health conditions are often the primary contributors to suicide attempts. The ruling is seen as a call for greater dialogue on mental health issues, promoting awareness, and combating stigma.
The Kenya medical fraternity and the organizations on human rights have long urged that the issue of attempted suicide should be treated by desist-ing from its criminalization and its way of consideration. Medical specialists like Dr. Julius Ogato, in Mathari National Hospital, had asked that these persons need a form of support with the empathy as they commit this act.
This ruling comes at a time when suicide rates in Kenya remain a significant concern, with the Ministry of Health’s Suicide Prevention Strategy reporting approximately four suicides daily across the country.
