In a bold move that seeks to reshape Kenya's approach to mental health, Professor Lukoye Atwoli, Dean at the Medical College of East Africa and Associate Director of the Brain and Mind Institute at AKU has launched a petition with the National Assembly to decriminalize attempted suicide. His call for change is grounded in a deep understanding of mental health and a passionate plea for compassion over criminalization.
The legal battle centers on Section 226 of the Penal Code, which criminalizes attempted suicide, categorizing it as a misdemeanour punishable by up to two years in prison or a fine. Prof Atwoli argues that these provisions not only fail to address the underlying mental health issues but also contribute to the stigma and shame that often surround mental illness.
“Criminalizing attempted suicide does not help those in distress," Prof Atwoli says. “Instead, it exacerbates their suffering by adding the burden of legal consequences to their already fragile state. This approach only drives them further away from seeking help."
The stigma associated with criminal records can deter individuals from seeking the help they desperately need. Prof Atwoli's petition highlights how these legal repercussions contribute to a vicious cycle of shame and isolation, which can worsen mental health conditions and impede recovery.
Moreover, Prof Atwoli points out that the criminalization of attempted suicide hampers accurate data collection and effective suicide prevention. “In order to develop effective mental health interventions, we need accurate data on the prevalence and circumstances of attempted suicides," he explains. “When individuals fear legal consequences, they are less likely to come forward, and this creates significant gaps in our understanding of the problem."
The Mental Health Act of Kenya recognizes that attempted suicide is often linked to mental illness, yet the Penal Code contradicts this by criminalizing the act. Prof Atwoli's petition calls for the National Assembly to repeal Section 226, arguing that the legal framework is incompatible with the constitutional right to health and dignity.
Prof Atwoli's plea is also supported by the fact that many progressive nations have already taken steps to decriminalize attempted suicide, recognizing that mental health challenges require compassionate responses rather than punitive measures. Kenya, however, remains one of the few countries where such laws still exist.
The petition has been committed to the Public Petitions Committee of the National Assembly, which will review the issues and report its findings. This marks a crucial step towards reevaluating and potentially reforming Kenya's approach to mental health legislation.
