In a groundbreaking decision, Kenya’s High Court ruled on Thursday that treating suicide attempts as a criminal act is unconstitutional. This judgment was hailed by rights groups and medical professionals as a crucial step toward reforming the country’s approach to mental health.
Suicide remains illegal in Kenya, with individuals who attempt it facing a misdemeanor charge. This can result in a fine or up to two years in prison. However, the court deemed such punishment to be discriminatory, noting that it violates constitutional protections against health-based discrimination.
The World Bank reported in 2019 that approximately six out of 100,000 Kenyans might ultimately die by suicide, a statistic that highlights the urgent need for improved mental health care. In response, the government launched a mental health initiative in 2022 to address the crisis.
The ruling still requires the Attorney General to formally initiate the process of repealing the relevant section of Kenya’s penal code. However, the decision has been met with widespread support. The Kenyan National Commission on Human Rights (KNCHR) called the ruling a “significant milestone” and urged a candid conversation about mental health in the country.
Dr. Chitayi Murabula, president of the Kenya Psychiatric Association, echoed these sentiments. He called for the immediate release of individuals currently incarcerated for attempted suicide and for the swift passage of a bill to decriminalize other aspects of mental illness.
The World Health Organization (WHO) reported that the suicide rate in Africa stands at approximately 11 per 100,000 people, surpassing the global average of nine. WHO has emphasized that for every completed suicide in Africa, there are an estimated 20 attempts.
This legal victory is seen as a crucial step in combating stigma and raising awareness about mental health challenges in Kenya and beyond.