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The Nairobian

Petition calls for decriminalising suicide attempts

Health & Science

By David Njaaga | Aug 13, 2024

**National Assembly Speaker Moses Wetangula.** [Boniface Okendo, Standard]

A new petition seeking to decriminalise attempted suicide has been submitted to the National Assembly.

The petition, received on Monday, August 5, calls for the repeal of Section 226 of the Penal Code.

The petition was submitted by Dr. Lukoye Atwoli, a psychiatrist at the Medical College of East Africa.

Section 226 of the Penal Code states that "any person who attempts to kill himself is guilty of a misdemeanour," with punishments that may include up to two years of imprisonment or a fine.

Dr. Atwoli argues that the law fails to address the underlying mental health issues and instead perpetuates stigma, hindering effective suicide prevention efforts.

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Dr. Atwoli noted that Kenya is among the few countries that still criminalise attempted suicide, contrasting with many nations that have repealed such legislation to provide better support for mentally ill patients.

He also pointed out that the law contradicts Article 43 of the Kenyan Constitution, which guarantees the right to the highest attainable standard of health and emergency medical treatment.

"The continued application of this provision creates barriers to accessing mental health care and emergency medical treatment," said Dr. Atwoli.

"It also offends Article 28 of the Constitution, which protects the inherent dignity of individuals."

The petition has been committed to the Public Petitions Committee for consideration, with the committee required to report its findings to the House and the petitioner.

National Assembly Speaker, Moses Wetang'ula, announced the commitment of the petition on Monday.

The House will review the petition to determine whether the current law should be amended or repealed.