In a groundbreaking decision, the High Court in Nairobi has declared the criminalization of attempted suicide in Kenya unconstitutional.
Delivering the judgment on Thursday, Justice Lawrence Mugambi ruled that Section 226 of the Penal Code, which classified attempted suicide as a misdemeanor punishable by up to two years in prison, a fine, or both, violated fundamental human rights protected under the Constitution.
Justice Mugambi found that the provision infringed on Articles 27, 28, and 43 of the Constitution, which safeguard equality, human dignity, and the right to health.
“Section 226 criminalizes a mental health issue, endorsing discrimination based on health,” the judge stated. “This not only contravenes Article 27 but also violates Article 28 by subjecting individuals struggling with suicide ideation to humiliation within their communities. Furthermore, it undermines their right to the highest attainable standard of health by exposing them to potential reprisals.”
The case was brought before the court by the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association (KPA), with support from other organizations.
They argued that punishing suicide survivors stigmatized vulnerable individuals and violated the rights of people with mental health challenges.
Before this ruling, Kenya was among nine African nations, including Uganda, Ghana, and Tanzania, that criminalized attempted suicide.
Mental health advocates have lauded the judgment as a victory for human rights and a progressive step toward addressing mental health issues with compassion rather than punitive measures. They view the decision as a catalyst for strengthening Kenya’s mental health systems and reducing stigma surrounding conditions such as depression and anxiety.
“This ruling marks a pivotal moment in shifting societal perceptions of mental health,” noted one advocate. “It replaces judgment with understanding and criminalization with care, offering a beacon of hope for individuals struggling with mental health challenges.”
With the criminalization of attempted suicide struck down, many believe Kenya can now focus on fostering an environment where those in need feel safe seeking help without fear of legal consequences.
