A Kenyan judge has declared as unconstitutional sections of the country’s laws that criminalise attempted suicide. In a landmark ruling on Thursday, Judge Lawrence Mugambi of the country’s high court stated that section 226 of the penal code contradicts the constitution by punishing those with mental health issues over which they may have little or no control.
While the constitution says in article 43 that a person has the right to the “highest attainable standard of health”, criminal law states that “any person who attempts to kill himself is guilty of a misdemeanour and is subject to imprisonment of up to two years, a fine, or both”, with the minimum age of prosecution for the offence set at eight years old.
“It is my finding that applying the purpose and effect principle of constitutional interpretation, section 226 of the penal code offends article 27 of the constitution by criminalising a mental health issue thereby endorsing discrimination on the basis of health, which is unconstitutional. It also indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control,” Mugambi ruled.
The ruling came after a court petition by, among others, the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association, in which they contended that the main factors driving up suicide cases include “undiagnosed and untreated mental health conditions as well as mental disabilities which result in suicidal thoughts that may lead to attempted suicide by persons affected”.
“Today’s judgment is a rallying call for an open and candid conversation among individuals, communities, organisations and the government, and it goes a long way in raising awareness, fighting stigma and discrimination,” KNCHR said in a statement, urging communities and families to provide “safe spaces where individuals affected by mental health challenges can share their experiences and seek support without fear of stigma or discrimination”.
Human rights groups and medical practitioners in Kenya have failed in the past to have attempted suicide decriminalised, stating that such persons require specialised medical attention.
In March 2024, officials from Kenya’s leading mental health hospital urged parliament to consider repealing the offending law to shift perceptions and stigma.
Dr Julius Ogato, chief executive officer at Mathari national teaching and referral hospital, said: “Just as diabetes results from a lack of insulin in the body, mental illness involves an imbalance of chemical transmitters in the brain. There is a biological basis for such thoughts. When someone exhibits these thoughts, they require empathy and much-needed support to access treatment.”
While admitting that data on suicide is hard to come by due to the “fragmented nature of reporting systems”, Kenya’s health ministry’s Suicide Prevention Strategy 2021-2026 says the country has an “age standardised suicide rate of 11.0 per 100,000 population, which translates to about four suicide deaths per day”.
The World Health Organization says more than 700,000 people die by suicide every year with over 70% of cases taking place in low- and middle-income countries.
In the UK and Ireland, Samaritans can be contacted on freephone 116 123, or email [email protected] or [email protected]. In the US, you can call or text the National Suicide Prevention Lifeline on 988, chat on 988lifeline.org, or text HOME to 741741 to connect with a crisis counsellor. In Australia, the crisis support service Lifeline is 13 11 14. Other international helplines can be found at befrienders.org
Source: theguardian.com
