The National Assembly Public Petitions Committee has backed a petition by psychiatrist Dr. Lukoye Atwoli calling for the repeal of Section 226 of the Penal Code, which criminalizes attempted suicide.
The petition, presented to Parliament by Speaker Moses Wetang’ula in August 2024, argues that suicide attempts should be treated as a mental health issue, not a criminal act.
While tabling its recommendations, the committee said decriminalization would align Kenya with international frameworks such as the World Health Organization’s Global Mental Health Action Plan 2013–2030 and Kenya’s Mental Health Action Plan 2021–2025.
Dr. Atwoli maintained that punishing survivors only deepens stigma, discouraging them from seeking treatment. He further noted that criminalization undermines constitutional guarantees of health, dignity, and equality under Articles 27, 28, and 43.
Kenya remains one of the few countries still enforcing what Atwoli termed a colonial-era law. He pointed to the United Kingdom, which repealed a similar statute, recognizing suicide attempts as medical emergencies requiring care rather than prosecution.
This comes months after the High Court, in a ruling delivered by Justice Lawrence Mugambi on January 9, declared sections of the Penal Code criminalizing attempted suicide unconstitutional. The court held that the provisions discriminated against persons with mental health challenges and undermined their dignity.
Currently, Section 226 of the Penal Code provides that anyone who attempts suicide is guilty of a misdemeanor and may face up to two years in prison, a fine, or both. Shockingly, the law allows prosecution of children as young as eight.
Mental health professionals have welcomed the push, urging Kenyans to seek help rather than suffer in silence. The Kenya Red Cross offers toll-free counselling support via hotline 1199.
