'Nobody is immune to experiencing suicidal thoughts', experts weigh in

Dr Boniface Chitayi, who represented the Kenya Psychiatric Association in the petition, cited World Health Organization (WHO) statistics showing that suicide is the second leading cause of death among those aged 15-29 years and ranks among the top ten causes of death across all age groups.

He further noted that approximately 700,000 people die by suicide annually worldwide. Reports from police records in August 2021 revealed that 483 Kenyans had died by suicide in the previous three months.

“Decriminalizing attempted suicide will increase access to mental healthcare, reduce stigma and discrimination, lessen the fear of seeking help, strengthen social support systems, and ultimately reduce deaths by suicide,” Chitayi argued.

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READ: Posthumous reprieve for woman after court decriminalised attempted suicide

He added, “For over ten years, the mental health fraternity in Kenya has been advocating for the repeal of the section of the Penal Code that criminalizes attempted suicide.”

The law, which threatened jail time or fines for those who attempted suicide, created an environment of fear and stigma that discouraged many from seeking help.

Reluctant to confide

Lukoye emphasised that those struggling with suicidal ideation were often reluctant to confide in others, fearing legal repercussions.

“Many people with suicidal ideation were not talking about it and the first time we were learning about it was when they were attempting to kill themselves or actually killing themselves.”

“So it is a matter of life and death for some people because when somebody has suicidal ideation, when they talk about it to someone else, chances of completing the suicide are very low,” he said.

This, he added, has made access to care a critical challenge adding that insurance companies decline coverage for mental health treatments, citing the crime associated with suicide attempts.

“Declaring it unconstitutional and no longer a crime opens up the opportunity for people with suicidal ideation to seek help and not be discriminated against by insurers and other care providers,” he added.

Beyond legal hurdles, societal stigma around suicide attempts has been another deeply entrenched issue. Lukoye highlighted how people with suicidal ideation and their families faced exclusion, further exacerbating their suffering.

“When somebody has these thoughts, even before they talk about it, they have self-stigma because the community treats badly people who attempt suicide.

“And even people who die by suicide, their bodies and ceremonies are treated very badly in order to just really make them look like bad people,” said Lukoye.

Overwhelmed by feelings

He also explained the psychological mechanics behind suicidal thoughts, explaining that those experiencing them often feel overwhelmed by feelings of worthlessness or hopelessness.

In some cases, mental health disorders such as depression, bipolar disorder, or schizophrenia can exacerbate suicidal tendencies.

“The human brain is wired to protect us from harm, including self-inflicted injury. But when someone goes past this instinct when they attempt suicide, they have reached a level of distress that has overpowered the brain’s protective mechanisms,” he explained.

“There are a whole variety of things that go through people’s minds when they start contemplating suicide, and the most important thing is that none of those things can be sorted out by a dad. None of those things can be sorted out by a police officer.”

For those at risk of suicide, early intervention is key.

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According to Lukoye, many people who attempt suicide have already sought medical attention for unrelated symptoms, such as headaches, but were never asked about their mental health.

Routine screening

He advocates for a routine screening for suicidal thoughts in healthcare settings to ensure those at risk are identified and provided with the necessary care.

“The problem is that mental health is often overlooked in health facilities. We need a system where people are routinely screened for mental health issues, just like any other medical condition,” said the psychiatrist.

Ultimately, Lukoye believes that decriminalising suicide attempts will not encourage people to kill themselves but will create a safer space for those suffering to seek support.

“Decriminalising does not go into the healthy population and tell people not to try to kill yourself. Instead, it goes into the group of people who have suicidal ideation already and who have not been speaking about it or seeking care and allows them to start speaking out and to get the help that they need,” he argued. 

“There is evidence in the countries that have decriminalised suicide that there is no increase in suicide rates. But in the countries that have criminal legislation like ours, suicide rates are high or they have continued to rise despite having that legislation in place,” said Lukoye.

Looking ahead, Lukoye, who petitioned the Parliament through the Public Petitions Committee of the National Assembly to repeal the Penal Code provision, is optimistic that the High Court ruling will pave the way for broader legislative changes.

“Now, it’s up to Parliament to repeal the penal code provision that criminalizes suicide attempts. The judiciary has already set a precedent. Now, Parliament must follow through to ensure that mental health care is accessible and free from the threat of criminalization.”

“It was expected that the committee would submit the report to the National Assembly within 90 days from September 2024. So my expectation is that when Parliament resumes, they will debate it in light of the judgment,” Lukoye appealed.