The Kenya National Commission on Human Rights (KNCHR) has welcomed the High Court’s ruling that declared attempted suicide unconstitutional.
According to a statement on Thursday, January 9, 2025, on KNCHR’s official x account, Justice Lawrence Mugambi declared Section 226 of the Penal Code unconstitutional noting that it is cruel to imprison mentally ill people.
KNCHR further stated that Justice Mugambi ruled that the penal code was unconstitutional for violating Articles 27, 28, and 43 of the Constitution.
“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!, “KNCHR statement reads.
KNCHR on attempted suicide
In February 2022, the commission and the Kenya Psychiatric Association petitioned for the amendment of Section 226 of the Penal Code of laws of Kenya that slapped criminal liability on individuals who tried to commit suicide.
According to the petitioners, individuals who attempt to end their lives have mental illness and they deserve to be taken for medical care instead of being arrested.
“The Petitioners fault the Kenyan government for failing in its constitutional mandate to uphold the Constitutional principles and values which include the protection of the rights of its citizens and ensure their freedom from discrimination and the protection of persons with disabilities,” part of the petition read.
Attempted suicide policy
Before being declared unconstitutional, Section 226 of the penal code had dictated that any person who has attempted suicide is guilty of a misdemeanour and he or she is liable to two years imprisonment, a fine, or both upon conviction.
Attempted suicide is not a crime anymore!
— KNCHR (@HakiKNCHR) January 9, 2025
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
