In a historic ruling for mental health advocacy, Kenya’s High Court has declared Section 226 of the Penal Code unconstitutional, effectively decriminalizing attempted suicide and embracing a compassionate approach to mental health challenges in the country.
For decades, attempted suicide in Kenya was treated as a criminal offense, punishable by up to two years in prison, a fine, or both. This punitive stance not only stigmatized individuals living with mental health crises but also discouraged them from seeking help.
Reflecting on this milestone, Prof. Lukoye Atwoli, Deputy Director of the Brain and Mind Institute and Dean of the Medical College at Aga Khan University, who collaborated with the Kenya National Commission on Human Rights and the Kenya Psychiatric Association to advocate for reform, stated “This decision is not only about removing punishment; it is about affirming the value of mental health care in saving lives. It shifts our focus to offering support and building systems that help individuals recover and thrive.”
The High Court’s ruling recognizes that suicide attempts are not criminal acts but rather desperate cries for help rooted in conditions such as depression, anxiety, or trauma. By decriminalizing suicide, Kenya has taken a bold step toward prioritizing treatment, support, and understanding over punishment.
The ruling is transformative, not just for individuals who may now seek help without fear, but for society at large. It paves the way for redirecting resources previously used for punitive measures toward mental health services, awareness, and crisis support systems. These efforts will help build an infrastructure where individuals in distress can access the care they need while fostering open conversations about mental health.
This move also highlights the need for collective action to reduce stigma and build supportive environments. Prof. Zul Merali, Founding Director of the Brain and Mind Institute, lauded the ruling, stating, “With this decision, Kenya has taken a courageous step toward addressing mental health as a core societal issue. It is a call to all of us, policymakers, health professionals, and communities to collaborate in creating environments where people can seek help without fear or stigma.”
However, Prof. Atwoli cautioned that the journey is far from over, emphasizing the need for Parliament to repeal Section 226 entirely to eliminate the risk of punitive actions remaining within the legal system. He stated, “True progress lies in creating a society where mental health challenges are met with compassion and understanding, not judgment or fear of legal repercussions.”
This historic ruling is a beacon of hope, prioritizing care over punishment and championing compassion for those facing mental health challenges. It calls for a society that upholds dignity and support for all.
