In a groundbreaking ruling, the Nairobi High Court has declared that criminalizing attempted suicide in Kenya is unconstitutional.
Presiding over the case, Justice Lawrence Mugambi nullified Section 226 of the Penal Code on Thursday, asserting that it infringes on fundamental rights guaranteed by the Constitution.
Section 226 had previously classified attempted suicide as a misdemeanor, punishable by up to two years in prison, a fine, or both. Justice Mugambi ruled that this law violates Articles 27, 28, and 43 of the Constitution, which protect equality, human dignity, and the right to health.
“Criminalizing attempted suicide targets a mental health condition, perpetuating discrimination against individuals based on their health status,” Justice Mugambi explained. He further noted that the law stigmatizes individuals experiencing suicidal thoughts, undermining their dignity and their right to access appropriate healthcare.
The petition was brought forward by the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association (KPA), supported by other organizations. The petitioners argued that penalizing suicide attempts unfairly punishes individuals battling mental health challenges and reinforces stigma against vulnerable populations.
Until this ruling, Kenya was among a handful of African countries, including Uganda, Ghana, and Tanzania, that still treated attempted suicide as a criminal offense.
The decision has been lauded by mental health advocates as a major step toward compassionate treatment of mental health issues. They view it as a victory for human rights and an opportunity to reform Kenya’s mental health systems, promoting understanding and support rather than judgment and punishment.
This ruling is expected to shift societal perceptions about mental health, encouraging those struggling with conditions like depression and anxiety to seek help without the fear of legal repercussions. Advocates hope it will pave the way for stronger mental health policies and reduced stigma, fostering a more supportive environment for those in need.
