The Nairobi High Court has declared attempted suicide in Kenya no longer a crime.
The ruling was stated by Judge Lawrence Mugambi on 9th Thursday 2024 who declared that section 226 of the Penal code violates fundamental human rights enshrined in the Constitution.
Initially, there had been a petition dated 3rd February 2022 which was amended on 22nd February 2022.
Photo: Courtesy
According to initial section 226 of the Penal code, anybody found committing suicide was punished for two years imprisonment.
The law was challenged in court by Kenya National Commission on Human Rights (KNCHR), Advocate Charity Muturi and Kenya Psychiatric Association who argued that criminalizing attempted suicide would further stigmatize mental illness and discourage those in need of seeking timely medical intervention.
Section 226 of the Penal Code offends Article 27 of the Constitution by criminalizing a mental health issue, thereby endorsing discrimination on the basis of health, which is unconstitutional. It also dignifies 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.
Justice Lawrence Mugambi stated in his ruling.
In Kenya
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A win for mental health as the High Court declares the crime of attempted suicide to be unconstitutional.
🙏🏿 pic.twitter.com/j70zPdRjJP— #MakeItSTOP #EndGBV #GBVinBotswana (@LeboSpeaks) January 9, 2025
The existence of section 226 exposes the survivors of suicide and potential victims with suicide ideation to possible reprisals, thereby eroding the right to have highest attainable standard of health.
He added.
With the ruling, Justice Lawrence Mugambi declared attempted suicide as unconstitutional and ordered that no further punishments.
Attempted suicide is not a crime anymore!
Justice Mugambi declares Section 226 of the Penal Code unconstitutional for violating Articles 27, 28 & 43 of the Constitution of Kenya.🇰🇪
Mental health rights are human rights!#hakikwawotekilawakati #MentalHealthAwareness #mentalhealth pic.twitter.com/aWvA4LbAAc— KNCHR (@HakiKNCHR) January 9, 2025
