Faith Nyasuguta
In a landmark victory for mental health advocacy, Kenya’s High Court has declared Section 226 of the Penal Code unconstitutional. This section, which criminalized attempted suicide, subjected survivors to potential imprisonment, fines, or both. Justice Lawrence Mugambi delivered the historic ruling, citing multiple violations of the Constitution.
Justice Mugambi emphasized that criminalizing attempted suicide was discriminatory and dehumanizing, particularly for individuals battling mental health challenges. He highlighted that Section 226 violated Article 27 (freedom from discrimination), Article 28 (right to human dignity), and Article 43 (right to health) of the Constitution.
“It is unconstitutional to criminalize a mental health issue. Doing so not only discriminates against individuals on health grounds but also strips them of their dignity and access to necessary support,” Justice Mugambi ruled.
The judge further noted that survivors of attempted suicide are often exposed to societal stigma and legal reprisals, worsening their mental health. Instead of addressing the root causes of suicide ideation, the law punished victims, denying them the right to the highest attainable standard of health guaranteed under Article 43(1).
A Petition Rooted in Justice
This judgment followed a petition filed on February 3, 2022, by the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association. The petitioners argued that most cases of attempted suicide stemmed from untreated mental health conditions, including depression and trauma. They criticized the government for victimizing individuals in need of care by prosecuting them instead of ensuring proper treatment.
Section 226 of the Penal Code imposed a sentence of up to two years in prison, a fine, or both for individuals convicted of attempting suicide. Petitioners argued this approach contradicted Kenya’s commitment to protecting the rights of all citizens, particularly those with disabilities or mental health conditions.
A Step Toward Compassionate Care
The ruling is expected to transform how Kenya handles mental health issues, shifting focus from punishment to treatment. Counselors and psychologists urge anyone experiencing mental health challenges to seek help without fear. Organizations like the Kenya Red Cross offer toll-free support through their hotline, 1199.
This decision marks a significant step toward destigmatizing mental health struggles and upholding the dignity and rights of those affected. It is a victory for human rights and a call for compassionate, systemic change in addressing mental health in Kenya.
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