The High Court has ruled that Section 226 of the Penal Code, which criminalized attempted suicide, is unconstitutional.
Justice Lawrence Mugambi made the ruling on Thursday, stating that the provision violated Articles 27, 28, and 43 of the Constitution of Kenya.
The case was filed by the Kenya National Commission on Human Rights, Charity Muturi, and the Kenya Psychiatric Association, with the Attorney General and the Director of Public Prosecutions as respondents. Several other parties, including the Cabinet Secretary for Health, the National Council for Persons with Disabilities, and the Coalition Action for Preventive Mental Health Kenya, also participated. The Law Society of Kenya took part as amicus curiae.
The petitioners argued that criminalizing attempted suicide disproportionately affected individuals with mental health issues such as depression, anxiety, and other conditions leading to suicidal ideation. They contended that penalizing survivors of suicide attempts amounted to discrimination against people with mental disabilities, violating both the Constitution and the Persons with Disabilities Act.
Justice Mugambi agreed with the petitioners, stating that Section 226 was unconstitutional as it endorsed discrimination based on health. “Section 226 of the Penal Code offends Article 27 of the Constitution by criminalizing a mental health issue, thereby endorsing discrimination on the basis of health,” he ruled.
The judge further emphasized that criminalizing attempted suicide undermined the dignity of survivors and exposed them to societal shame for actions beyond their control. “It dishonors and disgraces victims of suicidal ideation in the eyes of the community for actions that are beyond their mental control, which violates Article 28,” he added.
The court also found that the provision violated the right to the highest attainable standard of health, as guaranteed under Article 43(1) of the Constitution. “Section 226 exposes survivors and potential victims of suicide ideation to possible reprisals, thereby eroding the right to the highest attainable standard of health,” Justice Mugambi concluded.
The court declared Section 226 unconstitutional and ordered that no further punishments be imposed under its provisions. However, the court directed that each party bear its own costs, citing the public interest nature of the case.
