The High Court in Nairobi has made a landmark ruling to decriminalize attempted suicide, declaring the provision in Kenya’s Penal Code that criminalizes the act unconstitutional.
Justice Lawrence Mugambi delivered the judgment on Thursday, finding that Section 226 of the Penal Code violates fundamental human rights enshrined in the Constitution.
Section 226 previously stipulated that individuals who attempted suicide were guilty of a misdemeanor, punishable by up to two years in prison, a fine, or both. Justice Mugambi ruled that this provision contravenes Articles 27 (equality and freedom from discrimination), 28 (human dignity), and 43 (the right to health) of the Constitution.
“Applying the purpose and effect principle of constitutional interpretation, Section 226 of the Penal Code offends Article 27 by criminalizing a mental health issue, thereby endorsing discrimination on the basis of health, which is unconstitutional,” stated Mugambi.
He further noted that the provision violates human dignity under Article 28 by stigmatizing individuals experiencing suicidal ideation. “It indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control. The existence of Section 226 exposes survivors of suicide and potential victims to possible reprisals, eroding their right to the highest attainable standard of health,” he added.
The ruling comes in response to a petition filed by the Kenya National Commission on Human Rights (KNCHR), the Kenya Psychiatric Association (KPA), and other institutions. The petition argued that punishing suicide survivors was unconstitutional and violated the rights of persons with mental health disabilities.
Before this decision, Kenya was one of only nine African countries where attempted suicide was considered a criminal offense, alongside Ghana, Malawi, Nigeria, Somalia, South Sudan, Sudan, Tanzania, and Uganda.
The ruling has been widely praised by mental health advocates, who see it as a significant step toward addressing mental health issues with compassion and care rather than punitive measures.
