Religious leaders join crusade for repeal of law on attempted suicide

The push by psychiatrists and mental health fraternity to repeal Section 226 of the Penal Code which criminalises attempted suicide has gained momentum.

This is after religious leaders issued a call for the urgent repeal of the law, saying it is outdated, unjust, and a barrier to saving lives.

Speaking at the Religious Leaders Forum on Suicide Prevention and Decriminalisation held at the Aga Khan University recently, clerics from Christian, Muslim, Hindu, and other faiths under the Interreligious Council of Kenya (IRCK) declared that suicide is not a crime but a sign of deep distress and mental illness requiring compassion and care.

“As imams, priests, pastors, elders, rabbis, and faith leaders, we bear the sacred responsibility of supporting Kenyans during their deepest pain,” the leaders said in a statement, stating that criminalisation perpetuates stigma and hinders care.

“Attempted suicide is a sickness like any other and you don’t apply to be sick. We are often the first to hear the cries of those contemplating suicide or self-harm.

“We continue our call for immediate decriminalisation and collective action. As religious leaders and first responders, we affirm suicide is not a crime. It reflects deep distress, often connected to mental health issues, trauma, and social stressors,” said the leaders.

Section 226 of the Penal Code states that any person who attempts to kill himself is guilty of a misdemeanour. The law provides punishment of two years imprisonment, a fine or both for anyone found guilty of the offence.

Led by Elias Otieno Agola, National Chair of National Council of Churches of Kenya, the leaders emphasised the moral and spiritual obligation to offer empathy rather than judgment.

They said the law views individuals in mental distress as criminals rather than human beings in need of compassion and care.

They argued that the law drives people into silence, discourages those at risk from seeking help, and results in underreporting of suicide cases, which in turn undermines effective prevention planning.

“Global evidence, including from the World Health Organisation, clearly shows that punishment does not prevent suicide. Compassion does,” the statement read.

The clerics urged the National Assembly to immediately repeal the colonial-era provision and align Kenya’s laws with human rights standards and modern public health approaches.

They also called for greater investment in mental health services, crisis response systems, and community-based psychosocial support.

The call by the clergy followed a High Court ruling that declared that particular section of the penal code to be unconstitutional.

Discrimination

Early this year, High Court Judge Lawrence Mugambi asserted that Section 226 offends Article 27 of the Constitution by criminalising a mental health issue, thereby endorsing discrimination on the basis of health. 

The section of the penal code is further said to humiliate and disgrace victims of suicide ideation in the eyes of the community for actions that are beyond their mental control, which is a violation of Article 28 of the Constitution, which guarantees every person’s right to inherent dignity and the right to have that dignity respected and protected.

Psychiatrist Lukoye Atwoli welcomed the call by religious leaders to repeal the law.

“Our religious leaders have declared openly that people who attempt suicide need compassion and care rather than being criminalised… Attempted suicide is a health issue and not a criminal justice issue,” he said.

Psychiatrist Dr Frank Njenga emphasised the significance of faith leaders embracing the cause, stating that it bridges the gap between scientists and faith leaders on suicide.

“For the first time, it is clear that the people who come to us for care belong to a faith,” he said.

“From today henceforth, never again in this country will faith-based organisations and medical professionals in mental health pull one against the other,” Dr Njenga added.

Dr Njenga also warned insurance companies against exploiting Section 226 to deny coverage to people with depression or bipolar disorder who attempt suicide.

He stated that insurance companies have been hiding behind the veil of the fact that this provision in 226 makes it a crime to express distress. He appealed to the legislators to repeal the law to also compel the insurance companies cover mental illnesses.

 “The repeal of that section is critically important as another tool of dealing with stigma because people with depression and bipolar mood disorder and other things are discriminated by insurance companies because they aren’t well.”

The religious leaders pledged to work with the Ministry of Health, mental health professionals, and civil society to design faith-sensitive prevention strategies and provide dignified pastoral care to bereaved families. The leaders also announced plans to roll out awareness campaigns through churches, mosques, temples, and synagogues at the grassroots level.

“We will do everything in our space including public participation, petitions, speaking to parliamentarians, and advocacy to ensure this law is repealed,” the leaders affirmed.

To the people battling suicidal thoughts the clergy said, “You are not alone. You are loved. You are valued. You need help, not handcuffs. You need compassion, not condemnation.”