The Kenya Psychiatric Association (KPA) celebrates the landmark ruling by the High Court of Kenya on 9th January 2025, which declared Section 226 of the Penal Code unconstitutional, as it violates the right to protection of human dignity and the right to the highest attainable standard of health, which includes right to mental health care. As a co-petitioner in this case, alongside the Kenya National Commission on Human Rights and mental health advocate Charity Muturi, the KPA welcomes this decision as a significant milestone in Kenya’s journey towards equitable mental health care.
We acknowledge the tireless efforts of all individuals and organizations who have been at the forefront of advocating for the decriminalization of suicide and shaping public discourse and legal reform on this issue. This ruling marks a critical step forward in addressing the long-standing injustice faced by individuals who have been treated as criminals for attempting suicide, often exacerbating stigma and discrimination against them and their families.
The High Court’s decision acknowledges what mental health professionals and advocates have long emphasized, that suicidal behavior is a manifestation of mental and psychological distress, requiring health-centred interventions rather than criminal prosecution. For decades, individuals who attempted suicide were subject to arrest and prosecution, which further stigmatized mental illness and discouraged those in need from seeking timely medical intervention. This ruling ends a long-standing injustice by recognizing that those grappling with suicidal behavior are patients in need of psychiatric, psychological, and social support.
The decriminalization of attempted suicide is not an endorsement of suicidal behavior but rather a strategic approach to prevent suicidal deaths by removing barriers that deter individuals from seeking help.
The key implications of this ruling are:
- Ending Stigma and Discrimination hence encouraging individuals experiencing suicidal thoughts to seek help without fear of prosecution.
- Prioritizing Humanistic Care over punishment, aligning with global best practices in mental health care.
- Global Alignment: Kenya joins a growing number of countries that have decriminalized attempted suicide in line with international best practices that view mental health as a critical component of overall well-being and a fundamental human right.
Moving forward we recommend that:
- Government at various levels to implement the National Suicide Prevention Strategy to ensure effective interventions.
- Invest in Mental Health Services through capacity building of not only the facilities but also of human resources for mental health to provide adequate support.
- Repeal Outdated Penal Code Provisions that criminalize attempted suicide to align laws with the High Court’s ruling.
- Communities to foster supportive environments that encourage open discussions about mental health, reducing stigma and promoting awareness about suicide prevention.
- Individuals to seek help from mental health professionals if experiencing suicidal thoughts.
The Kenya Psychiatric Association remains committed to advocating for policies that reduce stigma and empower individuals with mental health disorders, building a society where mental health is prioritized and every individual’s right and dignity is upheld.
There is No Health, Without Mental Health.
Dr. Mercy Karanja,
President, Kenya Psychiatric Association
