- Human rights body petitioned Parliament to amend the penal code to decriminalise attempted murder as is the case currently.
- KNCHR wants the august House to amend Section 226 of the Penal Code that slaps criminal liability on individuals who attempt to commit suicide should.
Image: HANDOUT
A human rights commission has faulted the government over the arrest and arraignment of cult leader Paul Mackenzie’s followers and called for withdrawal of the cases.
The Kenya National Commission on Human Rights said the followers, some of them facing charges for attempted suicide following days of starvation, should have been taken to mental hospital instead.
This even as the human rights body petitioned Parliament to amend the penal code to decriminalise attempted murder as is the case currently.
KNCHR wants the august House to amend Section 226 of the Penal Code that slaps criminal liability on individuals who attempt to commit suicide should.
“The commission reminds of the government’s own policy commitments to decriminalise attempted suicide,” commissioner Mariam Mutugi said.
Mutugi spoke when she appeared before the Senate’s ad-hoc committee investigating mass cult deaths in Shakahola, Kilifi county.
The committee is chaired by Tana River Senator Danson Mungatana.
KNCHR said individuals who attempt to kill themselves suffer from mental illnesses and deserve to be taken for medical care instead of being arrested and charged in court of law.
The commission observed that the continued criminalisation of attempted suicide has not and does not deter the practice.
Instead, it exacerbates stigma against persons with mental health conditions, thus preventing them from reaching out and seeking help.
“Through Ministry of Health’s Mental Health Action Plan (2021-2025) and National Suicide Prevention Strategy (2021-2026) the repeal of Section 226 of the Penal Code which criminalises attempted suicide remains a key intervention towards addressing mental health concerns and preventing suicide in the country,” Mutugi said.
Mutugi implored the state to withdraw any charges of attempted suicide against the survivors of the Shakahola tragedy, in her presentation before Senate.
She said fundamental human rights and freedoms have been violated in the Shakahola tragedy, which has claimed more than 330 lives so far.
“Science has confirmed that individuals who attempt to end their lives have mental illness. The same science has approved that a person of stable mind can never attempt to take their lives.”
“Rather than prosecute, people with suicidal tendencies should be taken to medical care facilities. They need help,” Mutugi added.
Mutugi told the committee that the commission has been monitoring the activities and events at Shakahola, adding that there is immense trauma and vulnerabilities facing the survivors and their families.
“Charging the survivors with attempted suicide is inappropriate and will re- traumatise the survivors at a time when they most desperately require empathy, intense psycho-social assistance, rehabilitation and community support.”
“Sending them to our already congested prisons shall further aggravate their plight including adverse mental health consequences,” she said.
The commission wants Interior CS Kithure Kindiki to sanction all security officers whose acts of commission and omission abetted and aided the Shakahola massacre.
In addition, the commission is also calling on the government to prioritise and refocus its efforts on saving lives (rather than exhumations), by rescuing the survivors some of whom have been fleeing for fear of arrests.
KNCHR, however, commended progress by the government in rescuing the survivors and the ongoing efforts aimed at bringing accountability for the horrific crimes.
At the same time Amnesty, International also asked the committee to contextualise the changing religious landscape.
“The committee should encourage discussions around submitting a statement on the doctrine of faith, funding sources, church leaders and activities engaged, and guidelines on the training and certification of religious leaders.”
“The discussion should include proposals on self-regulation mechanisms and the role of the registrar of societies' office in oversight, among others,” Amnesty International Executive Director Irungu Houghton said.
Houghton also called on the relevant bodies to address underlying issues, including socio-economic problems, to protect people from vulnerabilities associated with religious excesses.
“Historical injustices such as land grabbing and other inequalities are major drivers of violent extremism. The government must create jobs and provide basic social services such as access to healthcare and food,” he said.