Members of Parliament have backed a proposed amendment to the Penal Code seeking to decriminalise attempted suicide, marking a significant shift from punishment to a mental health-based approach.
The Penal Code (Amendment) Bill, 2024, approved by the National Assembly’s Justice and Legal Affairs Committee, proposes the repeal of Section 226, which currently provides for imprisonment, a fine, or both for attempted suicide.
Lawmakers supporting the Bill say criminal sanctions undermine constitutional rights and discourage individuals in psychological distress from seeking help. The committee received submissions from legal and human rights organisations, all supporting the proposed changes and calling for alignment with the Mental Health Act.
The National Gender and Equality Commission and the Law Society of Kenya argued that the provision had already been declared unconstitutional by the High Court, citing violations of dignity, equality and the right to health.
While endorsing the reform, MPs stressed that decriminalisation must be matched with sustained investment in mental health services by both national and county governments to ensure access to care, rehabilitation and prevention.
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