- Prof Lukoye Atwoli says criminalising attempted suicide fails to address the underlying mental health issues of the victim and promotes stigma and shame.
- He adds that criminalising attempted suicide inhibits accurate data collection and hinders suicide prevention efforts.
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University lecturer Prof Lukoye Atwoli has petitioned the National Assembly to repeal section 226 of the Penal Code and decriminalise attempted suicide.
Prof Atwoli argues that the Mental Health Act identifies attempted suicide as a mental illness and criminalising it fails to address the underlying mental health issues of the victim and promotes stigma and shame surrounding mental illness.
He adds that criminalising attempted suicide inhibits accurate data collection and hinders suicide prevention efforts.
Section 226 of the Penal Code (Cap 63 of the Laws of Kenya) states that "Any person who attempts to kill himself is guilty of a misdemeanour".
Section 36 further states that, "When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both.”
In his petition through Speaker Moses Wetang’ula, Prof Atwoli told MPs that the two pieces of legislation are unreasonable and could potentially create a barrier towards access to the highest attainable standard of mental health care and emergency medical treatment for victims.
He said the continued application of the provisions contradicts the provisions of Article 43 of the Constitution that "every person has the right to the highest attainable standard of health…and…emergency medical treatment".
“Further, the Petitioner states that the provision offends Article 28 which provides that "every person has inherent dignity and the right to have that dignity respected and protected," Wetang’ula told the House.
Prof Atwoli said many countries have decriminalised attempted suicide to allow mentally ill patients access to the services they require but Kenya remains one of the few countries with laws that criminalise mental illness.
This, he argues, is despite the Mental Health Act (Cap 248) defining a person with mental illness as one with suicidal tendencies or behaviour.
“Honourable Members, in light of the foregoing, the Petitioner seeks the intervention of the National Assembly in repealing section 226 of the Penal Code Cap 63 to decriminalise attempted suicide,” Wetang’ula said.
He said the issues raised by the petitioner fall within the mandate of the House and are neither before any court nor legal body and whence committed the petition to the Public Petitions Committee for consideration.
“The Committee is required to consider the Petition and report its findings to the House and the Petitioner in accordance with Standing Order 227(2),” Wetangula said.
Dr Lukoye Atwoli is a Professor of Psychiatry and Dean at the Medical College of East Africa, the Agha Khan University.