MPs, Doctors Move To Eliminate Jail Terms For Kenyans Attempting Suicide

Doctors and members of the National Assembly Departmental Committee on Health are aiming to repeal Section 226 of the Penal Code which imposes among other heavy penalties, imprisonment for those attempting suicide.

Led by the top management of Mathari National Teaching and Referral Hospital, the doctors urged the lawmakers to consider decriminalizing attempted suicide in the country due to medical reasons.

According to them, individuals who engage in such acts often have to deal with mental illness which requires medical intervention rather than punitive measures to deter the vice.

They made their case while appearing before the National Assembly departmental committee on Health, chaired by Endebess MP Dr Robert Pukose on Monday, March 4, advocating for the prioritization of medical care over criminal justice in such cases, including arrest and prosecution.

MPs and officials from the Mathari National Teaching and Referral Hospital on Monday, March 4, 2024. /PARLIAMENT OF KENYA

Dr. Julius Ogato, the Chief Executive Officer of the Mathari National Teaching and Referral Hospital lamented that the law as it is can push people dealing with mental illnesses to the extreme.

“Initially, people thought that a person contemplating suicide is abnormal, but that is not true. Just as diabetes results from a lack of insulin in the body, mental illness involves an imbalance of chemical transmitters in the brain. There is a biological basis for such thoughts. When someone exhibits these thoughts, they require empathy and much-needed support to access treatment,” said Dr. Ogato.

“But when it is a criminal act, it is reported to the police not to the hospital, by doing this, we deprive the social liberties of the person who is sick and take his or her away from seeking treatment."

The doctor further stressed that individuals with suicidal thoughts require rescue, protection, and care instead of punishment by incarceration.

He proposed that by reclassifying attempted suicide as a mental disease rather than a criminal act, perceptions would shift, and people would understand that those with mental illness require assistance.

“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,” Dr. Ogato added.

Pukose on his part emphasized that criminalizing suicide adds further suffering to individuals who are already in a vulnerable state.

“It violates their fundamental human rights and dignity by subjecting them to punitive measures instead of offering support and assistance,” the MP stated.

As it stands, Section 226 of Kenya's penal code stipulates that any person attempting to take their own life is guilty of a misdemeanour, subject to imprisonment of up to two years, a fine, or both, with the minimum age of prosecution set at 8 years old.

Daya from the World Health Organisation (WHO) shows that at least four people die by suicide daily. WHO also notes that approximately 700,000 individuals die by suicide every year worldwide, suicide being ranked as among the top ten leading causes of death across all age groups.

In Kenya, at least four people die by suicide each day, with an average of 20 times as many attempting suicide. However, these figures are likely conservative due to the taboo nature of suicide and its legal ramifications, which discourage open discussion.

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.