Kenya’s laws make it a crime to attempt suicide – this hurts vulnerable people

Kenya’s laws make it a crime to attempt suicide – this hurts vulnerable people

The Devastating Consequences of Criminalizing Suicide in Kenya

Suicide is a complex issue that has far-reaching consequences, both for individuals and society as a whole. In Kenya, the laws surrounding suicide have been a topic of discussion, with many arguing that criminalizing attempted suicide does more harm than good.

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The Reality of Suicide in Kenya

According to the World Health Organization (WHO), one in every 100 deaths globally is by suicide. In Kenya, the crude suicide rate is 6.1 deaths per 100,000 people. Men are three times more likely to die by suicide than women, with the African region bearing the highest burden at a rate of 11.2 deaths per 100,000 people.

The Impact of Stigma and Criminalization

Suicide stigma refers to the negative attitudes, beliefs, and misconceptions that surround individuals who experience suicidal thoughts or attempt suicide. This stigma often manifests as judgment, shame, or social exclusion, making it difficult for people to openly discuss their struggles or seek help. In Kenya, the criminalization of attempted suicide compounds this stigma, leading to a culture of silence and secrecy around mental health issues.

The Legal Framework: A Barrier to Help and Support

In Kenya, Section 226 of the Penal Code states that any person who tries to kill himself or herself is guilty of a misdemeanour. He or she is liable to imprisonment of up to two years, a fine, or both. This law, inherited from the English common law, has been repealed in several countries globally. However, Kenya’s laws remain in place, perpetuating a culture of fear and shame around mental health issues.

Why Decriminalizing Suicide is Crucial

Decriminalizing suicide safeguards individuals’ right to health by enabling them to seek care and support during times of crisis. It helps shift the narrative from treating attempted suicide as a criminal act to recognizing it as a mental health crisis. This reduces stigma and encourages open discussions about mental health, allowing individuals to seek help without fear of legal consequences or discrimination.

Progress Towards Decriminalization

In 2020, a national task force on mental health emphasized the need to decriminalize attempted suicide. In 2022, the Kenya National Commission on Human Rights filed a constitutional petition to repeal Section 226 of the penal code, deeming it unconstitutional. A final judgment on this case is expected in November 2024. If successful, this would be a crucial step towards aligning Kenya’s legal framework with mental health advocacy and human rights.

A Call to Action

To ensure that the shift in law translates into tangible improvements in suicide prevention and mental health care, a comprehensive awareness programme is necessary. This programme should focus on training first responders – including police officers, emergency healthcare providers, mental health professionals, and peer supporters – who interact with individuals at risk of suicide. Proper training will equip them with the skills to offer compassionate support, timely intervention, and appropriate care.

Conclusion

Criminalizing suicide in Kenya has far-reaching consequences, perpetuating a culture of fear, shame, and silence around mental health issues. It is essential to decriminalize suicide, recognizing it as a mental health crisis rather than a criminal offense. By doing so, we can create a more supportive and inclusive environment that encourages individuals to seek help without fear of legal consequences or discrimination.

Frequently Asked Questions

Q: Why is suicide decriminalization important?

A: Decriminalization safeguards individuals’ right to health, reduces stigma, and encourages open discussions about mental health.

Q: What is the current legal framework surrounding suicide in Kenya?

A: Section 226 of the Penal Code states that attempted suicide is a misdemeanour, punishable by imprisonment or a fine.

Q: What progress has been made towards decriminalizing suicide in Kenya?

A: A national task force on mental health emphasized the need to decriminalize attempted suicide, and a constitutional petition was filed to repeal Section 226 of the penal code in 2022.

Q: What needs to happen next?

A: A comprehensive awareness programme is necessary to ensure that the shift in law translates into tangible improvements in suicide prevention and mental health care.