In a significant step toward mental health reform the Penal Code (Amendment) Bill, 2024 came up for the First Reading on Wednesday.
The Bill, sponsored by Mathare MP Anthony Oluoch, seeks to repeal Section 226 of the Penal Code, which currently criminalises attempted suicide as a misdemeanor.
This legislative proposal marks a pivotal shift in addressing suicide as a public health issue rather than a criminal offense, aligning Kenya with global mental health advocacy goals.
Core Objective
The primary aim of the Penal Code (Amendment) Bill, 2024, is to decriminalise attempted suicide, thereby fostering an environment where individuals in mental health crises can seek help without fear of legal repercussions.
The Bill’s Memorandum of Objects and Reasons emphasises that criminalising suicide does not deter suicidal behavior but instead discourages individuals from seeking support during acute crises.
By repealing Section 226, the Bill aims to reframe attempted suicide as a mental health issue requiring intervention and support, rather than punishment.
This legislative move aligns with international frameworks, including the United Nations Sustainable Development Goals (SDGs) and the World Health Organization’s (WHO) Global Mental Health Action Plan, both of which target a one-third reduction in global suicide rates by 2030.
The WHO’s policy brief on suicide decriminalization highlights that at least 23 countries still treat suicide and attempted suicide as criminal offenses, creating barriers to effective mental health interventions.
Kenya’s proposed amendment signals its commitment to addressing this global challenge.
Context and Rationale
Section 226 of Kenya’s Penal Code currently states, “Any person who attempts to kill himself is guilty of a misdemeanour.”
This provision, rooted in colonial-era laws, has long been criticised by mental health advocates for stigmatising individuals in distress and deterring them from accessing care.
The criminalisation of attempted suicide often leads to prosecution, fines, or imprisonment, further exacerbating the psychological and social burdens on affected individuals.
Oluoch argues that decriminalisation is a critical step toward suicide prevention.
By removing legal penalties, the amendment seeks to encourage open dialogue about mental health and facilitate access to professional support systems.
The WHO supports this approach, noting that decriminalisation can help governments prioritize mental health resources and reduce stigma, ultimately saving lives.
The proposed repeal of Section 226 is expected to have far-reaching implications for Kenya’s mental health landscape.
Mental health challenges, including depression and anxiety, are prevalent in Kenya, with the Ministry of Health estimating that one in four Kenyans experiences a mental health condition at some point in their lives.
Suicide rates, while underreported, are a growing concern, particularly among young people facing economic pressures, unemployment, and social challenges.
Decriminalising attempted suicide could pave the way for increased investment in mental health services, such as counseling, crisis hotlines, and community-based interventions.
It may also encourage collaboration between the national government, county governments, and non-governmental organisations to develop comprehensive mental health policies.
Legislative and Social Considerations
The Penal Code (Amendment) Bill, 2024, has been carefully crafted to avoid delegating legislative powers or limiting fundamental rights and freedoms, ensuring compliance with Kenya’s Constitution.
Mental health advocates and civil society organisations are likely to welcome the amendment as a progressive step toward destigmatizing mental health issues.
Kenya’s move to decriminalise attempted suicide places it among a growing number of countries rethinking punitive approaches to mental health.
Countries like India, Canada, and several European nations have already decriminalised suicide attempts, focusing instead on prevention and support systems.
By following this trend, Kenya positions itself as a leader in mental health reform within the African continent, where such laws remain prevalent in some jurisdictions.
By repealing Section 226, Kenya could set a precedent for other African nations to prioritise mental health over outdated legal frameworks.
