MPs Seek To Decriminalize Attempted Suicide

A parliamentary committee has backed a petition to repeal section 226 of the Penal Code, which criminalises attempted suicide, deeming it colonial legislation that is not aligned with modern mental health and public policies.

In its report on the consideration of a petition filed by Dr Lukoye Atwoli – a Professor in Psychiatry – the National Assembly Committee on Public Petitions said that the criminalisation of attempted suicide promotes stigma and creates barriers to mental healthcare, deterring vulnerable individuals from seeking help.

“Upon hearing from the petitioner and examining submissions from the Kenya Law Reform Commission and Attorney-General, the committee observes that section 226 of the Penal Code, which criminalises attempted suicide, is a relic of colonial legislation in commonwealth countries that no longer aligns with modern mental and public health policies,” reads the report.

“The enforcement of the provision risks undermining constitutional rights. Therefore, the committee recommends the repeal section 226 of the Penal Code Cap 63 to decriminalize attempted suicide.”

In its report, the committee noted that suicidal thoughts are internationally recognised as an indicator of underlying mental health conditions. Therefore, people who harbour such thoughts should be offered support, not punishment.

“The Mental Health Act Cap 248 includes persons with suicidal behaviours within the definition of mental illness, classifying them as individuals who need medical support and not punishment,” reads the report.

In its report, the committee, chaired by Eric Muchangi, said that, considering that Kenya is a signatory to the World Health Organization mental action plan covering 2013-2030, there is a need to align with global commitments on the decriminalisation of suicide and prioritisation of human rights-based approaches to mental health.

The committee also pointed out that, based on the High Court ruling in January this year which declared Section 226 unconstitutional for violating the right to inherent dignity and the right to health, enforcing the provision risks undermining constitutional rights.

In his petition to Parliament last year, Dr Atwoli, also the Dean at the Medical College of East Africa, argued that criminalising suicide attempts not only fails to address underlying health issues, but also perpetuates stigma and shame surrounding mental illness.

He said criminalising attempted suicide inhibits accurate data collection and hinders suicide prevention efforts.

In his petition to Parliament, Dr Atwoli expressed regret that Kenya remains one of the few countries in the world with legislation that criminalises attempted suicide. He pointed out that many countries have decriminalised attempted suicide so that people with mental health issues access the services they require.

Section 226 of the Penal Code states that “any person who attempts to kill himself is guilty of a misdemeanour”.

Furthermore, the same section provides for the general punishment of a misdemeanour, which is punishable by imprisonment for a term not exceeding two years, a fine, or both.

Dr Atwoli says that the continued application of Section 226 of the Penal Code contradicts the provisions of Article 43 of the Constitution.

The article states that “every person has the right to the highest attainable standard of health, including the right to healthcare services, such as reproductive healthcare, and that no person shall be denied emergency medical treatment”.