In a landmark ruling, Kenya’s High Court has declared Section 226 of the Penal Code unconstitutional, effectively decriminalizing attempted suicide.
The ruling, widely celebrated by human rights groups, mental health advocates, and medical professionals, is a significant step toward addressing the stigma surrounding mental health in the country.
Previously, suicide attempts in Kenya were treated as a criminal offense, punishable by up to two years in prison, a fine, or both.
According to the ruling, the court’s decision now recognizes suicide ideation as a mental health issue rather than a deliberate act by individuals of sound mind.
“This is a huge step towards ending the stigma around mental health in Kenya,” the Aga Khan University Mind and Brain Institute stated, hailing the decision as a victory for mental health advocacy.
In its ruling, the court noted, “Suicide ideation is a mental health issue, not a ‘willed act’ by a person of sound mind. Criminalizing such behavior further stigmatizes and victimizes individuals who need care and support.”
The decision has been welcomed as a call to action for better mental health care systems and services across the nation.
Advocates lauded the ruling, emphasizing the importance of treating mental health challenges with compassion rather than punishment. The Kenyan National Commission on Human Rights (KNCHR), which supported the petition, termed the decision a “significant milestone” and a “rallying call for an open and candid conversation about mental health.”
Mental health professionals stressed that more work remains to be done. The court has directed the Attorney General to initiate the formal process of repealing Section 226 from the Penal Code.
Chitayi Murabula, president of the Kenya Psychiatric Association, expressed optimism, writing on X (formerly Twitter), “The ruling should lead to the immediate release of all patients in custody on account of attempted suicide and fast-tracking of a bill currently in parliament to decriminalize other aspects of mental illness.”
Professor Lukoye Atwoli, a Psychiatrist at Agha Khan University Mind and Brain health institute, echoed this sentiment on X: “We’ve been fighting for this for a long time! So happy to have the courts agree with us that people who attempt suicide should enter the health care system rather than the criminal justice system.”
Suicide remains a pressing issue in Kenya. According to the World Bank, approximately six out of every 100,000 Kenyans were expected to die by suicide in 2019. This troubling statistic spurred the government to launch a mental health initiative in 2022 aimed at improving access to care and reducing stigma.
The High Court’s decision underscores the need for systemic reforms in mental health care, including increased funding, awareness campaigns, and training for mental health professionals.
By declaring Section 226 unconstitutional, the court has signaled that criminalizing mental health struggles as both discriminatory and counterproductive. Advocates hope the ruling will not only lead to legislative changes but also inspire a broader cultural shift in how mental health issues are understood and addressed in Kenya.
