The top management of Mathari National Teaching and Referral Hospital has asked Parliament to repeal Section 226 of Kenya’s Penal Code, which currently imposes criminal liability on individuals who attempt suicide.
They argue that individuals engaging in such acts are often grappling with mental illness and thus require medical intervention rather than punitive measures.
Advocating for a shift towards prioritizing medical care over arrest and prosecution in these cases, they made their case during a meeting with the National Assembly departmental committee on Health, chaired by Endebess MP Dr. Robert Pukose.
The committee was in a fact finding mission to understand its challenges, and successes of the facility, as well as to ascertain its current status in admitting and treating patients with mental health issues.
Section 226 of Kenya’s penal code currently stipulates that any person attempting to take their own life is guilty of a misdemeanor, subject to imprisonment of up to two years, a fine, or both, with the minimum age of prosecution set at 8 years old.
Dr. Julius Ogato, the Chief Executive Officer of the Mathari National Teaching and Referral Hospital said the law as currently constituted can push people with mental illness to the edge.
“Initially, people thought that a person contemplating suicide is abnormal, but that is not true. Just as diabetes results from a lack of insulin in the body, mental illness involves an imbalance of chemical transmitters in the brain. There is a biological basis for such thoughts. When someone exhibits these thoughts, they require empathy and much-needed support to access treatment,” said Dr. Ogato.
“But when it is criminal act, it is reported to the police not to the hospital, by doing this, we deprive the social liberties of the person who is sick and taking his or her away from seeking treatment,” added Dr. Ogato.
Dr. Ogato stressed that individuals with suicidal thoughts require rescue, protection, and care, not incarceration.
He proposed that by reclassifying attempted suicide as a mental disease rather than a criminal act, perceptions would shift, and people would understand that those with mental illness require assistance, not punishment.
“This is a crucial step in combating the stigma associated with suicide and mental illness. Currently, individuals with suicidal ideation are viewed as weak. This perspective needs to change. We should approach it like any other medical condition, such as diabetes,” Dr. Ogato added.
According to the World Health Organization, approximately 700,000 individuals die by suicide annually, making it the second leading cause of death among individuals aged 15-29 years. It ranks among the top ten leading causes of death across all age groups.
In Kenya, at least four people die by suicide each day, with an average of 20 times as many attempting suicide.
However, these figures are likely conservative due to the taboo nature of suicide and its legal ramifications, which discourage open discussion.
Traumatic experiences, coupled with stigma, drive some individuals to attempt or complete suicide.
Dr. Robert Pukose, the chair of the National Assembly departmental committee on Health, emphasized that criminalizing suicide adds further suffering to individuals who are already in a vulnerable state
“It violates their fundamental human rights and dignity by subjecting them to punitive measures instead of offering support and assistance,” Dr. Pukose stated.
He underscored the importance of recognizing suicide as a mental health issue rather than a criminal act.
“Decriminalization would facilitate better access to mental health services and suicide prevention initiatives. It would reassure individuals contemplating suicide that seeking help will not lead to legal consequences,” he noted.
Dr. Pukose pledged to lead his committee in building consensus on repealing Section 226 of the penal code.
