MPs push for repeal of law criminalising attempted suicide

The Public Petitions Committee has tabled its report recommending the repeal of Section 226 of the Penal Code, which makes attempted suicide a crime.

The petition was first presented to the National Assembly on August 13, 2024, by Speaker Moses Wetang’ula on behalf of Dr. Lukoye Atwoli, a Professor of Psychiatry and Dean at Aga Khan University’s Medical College of East Africa. Dr. Atwoli argued that attempted suicide should be treated as a mental health issue rather than a criminal offence.

He told the Committee that punishing people in crisis only increases stigma and prevents them from seeking treatment. He added that this goes against the rights to health and dignity as guaranteed in the Constitution. Dr. Atwoli also pointed out that Kenya is among a few countries still enforcing this colonial-era law, unlike the United Kingdom, which repealed it and now treats attempted suicide as a medical emergency.

The Committee heard submissions from the Kenya Law Reform Commission and the Office of the Attorney General, both of which supported the repeal. The Attorney General noted that in January 2025, the High Court declared Section 226 unconstitutional, ruling that it discriminates on health grounds, undermines human dignity, and violates the right to health.

Committee Chairperson Muchangi Karemba said that keeping the law in place entrenches stigma, violates rights, and hinders suicide prevention efforts. He added that Kenya’s Mental Health Act already recognises suicidal thoughts as a mental health condition, making punishment inappropriate.

In its recommendations, the Committee called for the full repeal of Section 226 of the Penal Code. It said this would align Kenya with global commitments such as the World Health Organisation’s Global Mental Health Action Plan 2013–2030 and the Kenya Mental Health Action Plan 2021–2025, which both promote decriminalisation as a key strategy in suicide prevention.

If Parliament adopts the recommendation, it would mark a major shift in Kenya’s approach to mental health—moving away from punishment and towards treatment, dignity, and support for those in crisis.

The Committee also tabled reports on five other petitions, which will be debated alongside the suicide law proposal in the coming days.