Court; Attempted suicide is no longer a crime in Kenya

The High Court in Nairobi has made a groundbreaking decision. It has ruled that criminalizing attempted suicide in Kenya is unconstitutional.

Justice Lawrence Mugambi announced this ruling on Thursday. He declared Section 226 of the Penal Code invalid because it violates basic human rights guaranteed by the Constitution.

Previously, Section 226 labeled attempted suicide as a misdemeanor. This offense carried a punishment of up to two years in prison, a fine, or both.

However, Justice Mugambi argued that this law contradicts Articles 27, 28, and 43 of the Kenyan Constitution.

These articles protect equality, human dignity, and the right to health. He stated that Section 226 discriminates against individuals with mental health issues. It treats a health condition as a crime and exposes people to stigma and punishment.

“This law promotes discrimination and disgraces those battling suicidal thoughts,” Justice Mugambi remarked. He added that it denies individuals their right to quality health care and increases their vulnerability.

Worsening stigma

The petition leading to this decision was championed by the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association (KPA).

Other organizations also supported the case. The petitioners further, argued that punishing suicide survivors worsens the stigma against mental health and harms an already vulnerable group.

Kenya was one of nine African countries, including Uganda, Ghana, and Tanzania, where attempted suicide was criminalized. This ruling marks a historic shift in Kenya’s approach to mental health.

Mental Health

Mental health advocates have praised the judgment. They see it as a victory for human rights and a step toward addressing mental health issues with care rather than punishment.

They further believe this decision will encourage Kenya to improve its mental health systems. It also promotes understanding and reduces stigma around mental health conditions like depression and anxiety.

This ruling sends a powerful message. It emphasizes the need to change societal views on mental health. Judgment should give way to compassion, and criminalization should be replaced with care.

For many, this decision therefore, brings hope. It assures individuals struggling with mental health challenges that they can seek help without fear of legal consequences.

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