MPs push to scrap law criminalising suicide attempts in Kenya
Atwoli argued that criminalising suicide attempts adds stigma, infringes on the rights to health and dignity under Articles 27, 28, and 43 of the Constitution, and prevents timely treatment for those in need.
The National Assembly’s Public Petitions Committee has recommended scrapping Section 226 of the Penal Code, a law that makes attempting suicide a criminal offence.
The Committee stressed that the law worsens the suffering of people in crisis and discourages them from seeking help, urging a move from punishment to mental health care and support.
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The push for change follows a petition presented on August 13, 2024, by Speaker Moses Wetang’ula on behalf of Dr Lukoye Atwoli, Professor of Psychiatry and Dean at Aga Khan University’s Medical College of East Africa.
Atwoli argued that criminalising suicide attempts adds stigma, infringes on the rights to health and dignity under Articles 27, 28, and 43 of the Constitution, and prevents timely treatment for those in need.
“Punishing persons in crisis only compounds stigma, deterring those affected from seeking much-needed treatment,” Dr Atwoli said.
He noted that Kenya is among the few countries still enforcing this colonial-era law, while nations like the United Kingdom now treat suicide attempts as medical emergencies rather than crimes.
In examining the petition, the Committee consulted key bodies including the Kenya Law Reform Commission and the Office of the Attorney General and Department of Justice, all of which supported repeal.
The Attorney General referred to a High Court ruling in January 2025 declaring Section 226 unconstitutional, stating that criminalising attempted suicide discriminates against people with health conditions, violates human dignity, and breaches the right to the highest attainable standard of health.
MP Muchangi Karemba, leading the Committee, noted that keeping the law in force entrenches stigma, undermines constitutional protections, and obstructs suicide prevention efforts.
The Committee also highlighted that the Mental Health Act recognises suicidal thoughts as a medical condition, making punitive measures inappropriate.
The Committee recommended that Section 226 be repealed to align Kenya with the World Health Organisation Global Mental Health Action Plan 2013–2030 and the Kenya Mental Health Action Plan 2021–2025, both of which emphasise decriminalisation as a key suicide prevention measure.
Adoption of the recommendations would represent a historic step toward compassionate care, dignity, and treatment for those struggling with suicidal crises.
Additionally, the Committee tabled reports on five other public petitions, which the House is expected to debate in the coming sessions.
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