In a dramatic turnaround from decades of punitive measures, the Members of Parliament have made a significant step forward by presenting a bill that is aimed at decriminalizing attempted suicide.
This is an advocacy move that might greatly reshape Kenya’s mental health policy and also bring about material change in the public health and justice sectors.
The recent event is the result of a combination of legal, medical, and human rights challenges against the colonial law, which is still in place today, that allows for the imprisonment of suicide survivors.
At the same time, the Justice and Legal Affairs Committee of the National Assembly has endorsed the proposed Penal Code (Amendment) Bill, 2024, which seeks to do away with Section 226 of the Penal Code. This would prevent individuals who attempt suicide and survive from facing penalties, including imprisonment of up to two years or fines.
This law, which might be very harmful in a negative way, has been among the main areas of concern voiced by mental health professionals, human rights organizations, and legal experts as being antiquated and counterproductive.
The acceptance of the bill will mean that the offense of attempted suicide will no longer be a part of Kenya’s legislation. This move will be in line with the recent court rulings and the rights of the people.
The High Court in January 2025 ruled that the legal ban on attempted suicide was unconstitutional because it discriminates against people with mental problems and infringes their rights to dignity and health as provided by the constitution.
The issue of punishing survivors has been debated for many years by public health advocates and psychiatrists to the effect that the stigma remains, and the people at risk do not come out to seek help, thereby contributing to the invisible mental health crisis that is already devastating the country.
Experts believe the sanctions, if lifted, will lead to the generation of a compassionate framework that will be focusing on prevention, treatment, and rehabilitation instead of punishment. By making this legislative change, it is seen as a response to extreme cases where the survivors of the crimes were penalized after the rescue, including the Shakahola event that caused much controversy wherein the authorities charged and went after the people who had attempted mass starvation.
There were critics who believed that punishing survivors compounded the situation of adding trauma to already very delicate populations.
The mental health advocates and opposition lawmakers have termed the committee’s choice as overdue yet a step in the right direction, and they still emphasize that the criminalization of acts of suicide must be supported by the implementation of mental health services, crisis intervention systems, and social support networks that will get to the base of the problem of suicidal behavior.
After passing through the committee, the bill is now up for discussion and final approval by the full National Assembly, with advocates calling for quick legislation in order to prevent deaths and protect the rights of all people in Kenya as enshrined in the constitution.
This change of position is not only considered but also monitored carefully by the health professionals and human rights activists as a possible turning point in Kenya’s approach to suicide and mental illnesses.
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