Dr Atwoli on verge of convincing MPs to decriminalise attempted suicide

A House team has officially recommended the repeal of the colonial-era law that criminalises attempted suicide, in a move poised to transform mental healthcare and human rights in the country.

This recommendation, stemming from a public petition, wants authorities to shift from punishment to compassion, and recognise suicide attempts as a medical emergency rather than a crime.

The Public Petitions Committee of the National Assembly has laid before the House a report calling for the repeal of Section 226 of the Penal Code.

The law states that “any person who attempts to kill himself is guilty of a misdemeanour,” punishable by up to two years in prison, a fine or both.

The push for change was initiated by Dr Lukoye Atwoli, a Professor of Psychiatry and Dean at the Medical College of East Africa, Aga Khan University.

He presented a powerful case before the committee, arguing that the law is a harmful anachronism. "Kenya remains one of the few countries that still has legislation criminalising suicide attempts, a leftover from colonial times," he told MPs.

"It is instructive that the former colonial power, the United Kingdom, repealed similar legislation decades ago, affording mentally ill patients access to the services they require."

Atwoli framed suicide attempts squarely as a health issue. "Suicide attempts are classified in psychiatric literature as a medical emergency requiring immediate intervention to prevent serious injury or death," he said.

He argued that the current law actively prevents people from getting help, as it "prevented a person suffering from a medical emergency from accessing emergency treatment, by directing them into the criminal justice system instead of a health facility, where they would receive life-saving care."

Furthermore, Dr Atwoli contended that the law violates multiple articles of the Constitution. He stated that criminalising a symptom of mental illness constitutes discrimination based on health status, contrary to Article 27.

He also argued that it violates human dignity, protected under Article 28.

"Categorising a person’s psychological distress and signs of mental illness as a criminal offence amounts to denying their inherent dignity, and punishing them for their symptoms is the exact opposite of protecting their dignity," he said.

Atwoli’s arguments were supported by data. He cited a study in Nandi county that found one in six people in the community had made a suicide attempt in their lifetime.

He also emphasised that global health bodies like the World Health Organisation recommend decriminalisation, noting that "punishment was not one of the recommendations for handling suicide in any setting".

The petitioner's position was strongly endorsed by key government legal bodies. The Kenya Law Reform Commission, through its acting secretary Peter Musyimi, submitted a letter in support of the petition.

The commission highlighted a WHO Policy Brief that names Kenya as one of only 23 countries in the world which still criminalise suicide attempts.

Musyimi pointed out that the Mental Health Act already defines a person with suicidal ideation as having a mental illness, meaning they should be treated as patients, not criminals.

He referenced a High Court case, Republic v SWN, where the judge stated, "Here is a young woman in need of treatment, care and protection. She is certainly not a deranged criminal in need of retribution and confinement."

The commission's conclusion was: "Attempted suicide should be decriminalised in Kenya through the repeal of section 226 of the Penal Code."

The Office of the Attorney General also threw its weight behind decriminalisation. It cited the Constitution's provisions on non-discrimination (Article 27), human dignity (Article 28) and the right to health (Article 43).

Crucially, the office informed the committee of a High Court judgement (Constitutional Petition E045 of 2022) delivered in January 2025 , which had already declared Section 226 of the Penal Code unconstitutional.

In the ruling, the High Court found that Section 226 "offends Article 27 of the Constitution by criminalising a mental health issue, thereby endorsing discrimination based on health, which is unconstitutional. It also indignifies and disgraces victims of suicidal ideation... which is a violation of Article 28."

Citing Kenya's commitments to international treaties like the WHO Global Mental Health Action Plan and its own national Mental Health Action Plan, the Attorney General supported the repeal of section 226 of the Penal Code as proposed by the Petitioner.

The committee, chaired by Runyenjes MP Muchangi Karemba, observed that Section 226 is a "relic of colonial legislation" that "promotes stigma and barriers to mental health care".

In its conclusion and recommendation, it noted the High Court's ruling of unconstitutionality and the unanimous support from all stakeholders.

“The Committee recommends the repeal of Section 226 of the Penal Code Cap 63 to decriminalise attempted suicide," the report reads in part.

World Bank reports a 6.1 per 100,000 suicide rate in Kenya. The Health ministry puts the rate stands at 11, with men accounting for the highest.