High Court Declares Law Criminalising Suicide Unconstitutional

High Court Judge Lawrence Mugambi has declared Section 226 of the Penal Code that criminalises attempted suicide as unconstitutional. 

He ruled that the Penal Code was unconstitutional for violating Articles 27, 28, and 43 of the Constitution.

In the ruling, Justice Mugambi also highlighted that it indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control.

“Section 226 of the Penal Code offends Article 27 of the Constitution by criminalising a mental health issue thereby endorsing discrimination on the basis of health which is unconstitutional,” part of the ruling read.

“It also indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control which is a violation of Article 28.”

He went further to explain that the existence of Section 226 exposed the survivors of suicide and potential victims with suicide ideation to possible reprisals which eroded their right to have the highest attainable standard of health as outlined in Article 43 (1) of the Constitution.

It follows a petition filed by the Kenya National Commission of Human Rights (KNCHR) and the Kenya Psychiatric Association.

The petition was filed on February 3, 2022, and sought to scrap section 226 of the penal code which dictates that a person who attempts suicide is liable for legal prosecution.

It dictates that persons who have attempted suicide are liable to two years imprisonment, a fine, or both upon conviction.

“The Petitioners fault the Kenyan government for failing in its constitutional mandate to uphold the Constitutional principles and values which include the protection of the rights of its citizens and ensure their freedom from discrimination and the protection of persons with disabilities,” part of the petition read.

They outlined that the main driving factors for attempted suicide in Kenya are various undiagnosed and untreated mental health conditions which may lead to suicidal thoughts by the victims.

Therefore, the petition faulted the government for victimising mental health patients by sending them to jail instead of committing them to a mental health facility.

Counsellors, medics, and psychologists recommend seeking help whenever you experience any mental health issue. Call the Kenya Red Cross toll-free hotline, 1199, for support.