MPs Move to Throw Out Jail Time for Kenyans Attempting Suicide

An image of a man in handcuffs while holding a phone.
An image of a man in handcuffs while holding a phone.
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Members of the National Assembly Departmental Committee on Health are on track to repeal Section 226 of the Penal Code which calls for imprisonment of those attempting suicide.

While meeting with officials from the Mathari National Teaching and Referral Hospital, the committee chairperson Endebess MP Robert Pukose noted that it was unfair since those attempting suicide were mentally unwell.

He added that criminalising suicide adds more suffering to individuals who are already in a vulnerable state.

MPs and officials from the Mathari National Teaching and Referral Hospital on Monday March 4, 2024
MPs and officials from the Mathari National Teaching and Referral Hospital on Monday, March 4, 2024
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Parliament of Kenya

"It violates their fundamental human rights and dignity by subjecting them to punitive measures instead of offering support and assistance," he explained.

Pukose emphasised that it was necessary to recognise suicide as a mental health issue rather than a criminal act.

The MP vowed to lead his committee in building consensus on repealing section 226 of the penal code. He added that decriminalising suicide would allow Kenya to use a more compassionate approach which will encourage Kenya to seek help without fear of legal repercussions.

"Decriminalising 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," Pukose reiterated.

On the matter, the Chief Executive Officer of the Mathari National Teaching and Referral Hospital Dr Julius Ogato added that the current law can push people with mental illness to the edge.

Dr Ogato explained that suicide was a result of mental illness adding, "Mental illness involves an imbalance of chemical transmitters in the brain. There is a biological basis for such thoughts."

According to the medic, those with such thoughts require rescue, protection and care, not incarceration. He urged the government to reclassify attempted suicide as a mental disease.

"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," he added.

Daya from the World Health Organisation (WHO) shows that at least four people die by suicide each day. WHO also notes that approximately 700,000 individuals die by suicide annually across the world.

Some of the factors which push Kenyans to suicidal thoughts include traumatic experiences, stress, financial difficulties, a history of suicide in a family, alcoholism, and discrimination.

A police car pictured at a crime scene in Ruiru in Kiambu County.
A police car pictured at a crime scene in Ruiru in Kiambu County.
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