• Section 226 of the Penal Code provides that, “Any person who attempts to kill himself is guilty of a misdemeanour.”
• It is on the force of this law that police officers have arrested persons who try to take their life.
Image: LOISE MACHARIA
Kenyans who survive a suicide attempt may not be charged in court should lawmakers approve a law seeking to decriminalise the act.
A bill sponsored by nominated Senator Abshiro Halake seeks to expunge suicide from the list of crimes in the Penal Code.
The Penal Code (Amendment) Bill, 2021, is due for first reading in the Senate and is anticipated would help deal with the situation that has been worsened by Covid-19 stress on the economy.
Halake, in the bill’s memorandum of objects, said the bid is to ensure that victims are provided with the necessary assistance in line with the Mental Health Act.
“Attempted suicide is a mental health issue which should not be subject to a criminal process,” the senator said of the happenstance that cuts across ages.
Section 226 of the Penal Code provides that, “Any person who attempts to kill himself is guilty of a misdemeanour.”
It is on the force of this law that police officers have arrested persons who try to take their life.
An alarming rise in the number of suicide cases has been a cause of concern in the country. Police reports indicate an average of 320 cases annually.
President Uhuru Kenyatta in November 2019 directed the Health ministry to form a task force to review the rampant cases of mental health illness.
In their report, the team co-chaired by Dr Frank Njenga and Health PS Susan Mochache recommended the President declares mental illness a national disaster.
They also sought that a commission be set up to monitor the state of mental health and happiness among Kenyans.
“We have faithfully recorded the pain and suffering of our people that is due to the very heavy burden of mental health illness in our society,” Njenga said.
The experts called for financing of mental health services taking cognisance of the burden faced by Kenyans in dealing with the crisis.
The World Health Organization, however, put the average cases in Kenya at 1,408 per year while Kenya National Bureau of Statistics says 421 people die from suicide annually.
Some of the notable cases include that of a 14-year-old schoolgirl who committed suicide in Bomet county over menses.
The National Police Service Commission recently told a parliamentary committee that it has put over 200 police officers on the suicide watch-list.
Data from World Health Organization reveals that about 800,000 people, globally, die from suicide each year– mostly persons between 15 and 29 years.
Psychiatric doctors have over time pushed for the decriminalisation of suicide saying the drivers have no link to triggers of a misdemeanour.
Prof Lukoye Atwoli, in an earlier published opinion by one of the local dailies, said no amount of laws would help solve the problem.
“No matter what policies or laws we pass, it is not possible to make a dent on suicide statistics by making it a matter of law rather than a matter of health and mental health specifically,” he said.
He said it was time the country stopped relying on the law to deal with matters pertaining to mental health as the same has not proven to be effective.
“The hammer we continue to cling on has done more harm than any good it was intended to do and it is time for us to discard it,” Lukoye stated.
He held the view that “reducing the numbers of suicides in Kenya begins by understanding why any Kenyan would try to kill themselves.”
Economic hardships following the ravaging effects of the Covid-19 pandemic on the economy has been cited to have caused an increase in the number of cases.
(Edited by Bilha Makokha)