Attempted Suicide is not a Crime, High Court rules

For years attempted suicide in Kenya has been a criminal offense punishable by law, however, the latest ruling by the High Court gives hope for suicidal individual who otherwise would be shamed and punished for their mental conditions.

Kenya Psychiatric Association, Kenya National Commission on Human Rights (KNHCR) and Charity Muturi had gone to court to challenge section 226 of the penal code which criminalizes suicide.

Justice Lawrence Mugambi said that section 226 of the penal code shames suicidal individuals and violates Article 28 of the constitution which guarantees right to have dignity respected and protected.

“A declaration is hereby made that section 226 of the penal code is unconstitutional for violating articles 27, 28 and 43 of the constitution,” Justice Mugambi ruled.

In July 2023, KNHCR has called upon Parliament to amend Section 226 of the Penal Code which penalizes people who try to kill themselves arguing that suicidal thoughts originates from mental ill-health. Anyone who was found guilty of attempting suicide was liable for up to two years imprisonment or fine or both.

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The commission said that instead prosecuting people with suicidal tendencies, “they should be taken to medical care facilities.”

The origin of the law criminalizing suicide is belived to be colonial era and experst believes that it is an outdated law that should have no space in Kenyan constitution.

Kenya records a significant number of attempted suicide cases each year. According to KNCHR 1,442 Kenyans attempted suicide between 2015 and 2018. In 2020 alone, nearly 500 people killed themselves according to police.

World Bank estimates that suicides accounts for 6.1 deaths in 100,000 people each year in Kenya. Some of the factors that push people to take their lives originate from mental issues resulting from economic hardships and other societal problems. 

The government has been accused of failing to take the right measures to tackle the problem, instead of imposing punitive measures which do not solve the problem.

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