As it stands, Section 226 of Kenya’s penal code stipulates that any person attempting to take their own life is guilty of a misdemeanour, subject to imprisonment of up to two years
Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli’s son, Lukoye Atwoli, has petitioned the National Assembly to have Section 226 of the Penal Code which imposes among other heavy penalties, imprisonment for those attempting suicide, repealed.
National Assembly Speaker Moses Wetangula revealed to lawmakers that the petition was lodged to his office, in line with Article 119 of the Constitution which accords any person the right to petition Parliament to consider any matter within its authority.
Further, Standing Order 225(2)(b) requires the Speaker to report to the House any Petition other than those presented by a Member.
“In this regard, Honourable Members, I wish to report to the House that my office has received a Petition from Dr Lukoye Atwoli, a Citizen, Professor of Psychiatry and Dean at the Medical College of East Africa, the Agha Khan University is calling for a repeal of section 226 of the Penal Code on attempting suicide,” stated Wetangula.
An image of Prof Lukoye Atwoli speaking during a past event. /LUKOYE ATWOLI
As it stands, Section 226 of Kenya’s penal code stipulates that any person attempting to take their own life is guilty of a misdemeanour, subject to imprisonment of up to two years, a fine, or both, with the minimum age of prosecution set at 8 years old.
However, Lukoye expressed issue with the provision, holding that criminalizing suicide attempts not only fails to address underlying mental health issues but also perpetuates stigma and shame surrounding mental illness.
This is despite the provisions of section 2 of the Mental Health Act (Cap 248) which defines includes in its interpretation of a person with mental illness as a person with suicidal ideation or behaviour. Moreover, it inhibits accurate data collection and hinders suicide prevention efforts.
“The Petitioner clarifies that Kenya remains one of the few countries with such legislation criminalizing attempted suicide. He avers that many countries decriminalized attempted suicide allowing mentally ill patients access to the services they require.
“Honorable Members, the Petitioner further states that the continued application of the provisions contradicts the provisions of Article 43 of the Constitution that “(1) every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care and; (2) a person shall not be denied emergency medical treatment.”,” Wetangula added.
Wetangula concluded by conveying Lukoye’s affirmations that section 226 of the Penal Code (Cap 63 of the Laws of Kenya) read together with section 36 is unreasonable; and, potentially creates a barrier towards access to the highest attainable standard of mental health care and emergency medical treatment.
Further, he indicated that the provision offends Article 28 which provides that “every person has inherent dignity and the right to have that dignity respected and protected.”
“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 decriminalize attempted suicide.
“Honourable Members, having determined that the matters raised by the Petitioner are well within the authority of this House; and further, that the matters raised in this Petition are not pending before any court of law, constitutional or legal body, I hereby commit the Petition to the Public Petitions Committee for consideration pursuant to Standing Order 208A. The Committee is required to consider the Petition and report its findings to the House and to the Petitioner in accordance with Standing Order 227(2),” he directed.
The criminalisation of suicide in Kenya has been a thorny issue that attracted several petitions in the past, a majority of whom classified it as a disease.
A section, however, opposed its decriminalisation arguing that not all cases were mental, some were an escape route after committing a heinous crime.
Data from the World Health Organisation (WHO) shows that at least four people die by suicide daily. WHO also notes that approximately 700,000 individuals die by suicide every year worldwide, suicide being ranked as among the top 10 leading causes of death across all age groups.
