Kenya court rules that criminalising attempted suicide is unconstitutional
Kenya court rules that criminalising attempted suicide is unconstitutional
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The judgment has been welcomed as an important shift in perceptions by human rights and mental health groups. A Kenyan judge has declared as unconstitutional sections of the country’s laws that criminalise attempted suicide. In a landmark ruling on Thursday, Judge Lawrence Mugambi of the country’s high court stated that section 226 of the penal code contradicts the constitution by punishing those with mental health issues over which they may have little or no control.
While the constitution says in article 43 that a person has the right to the “highest attainable standard of health”, criminal law states that “any person who attempts to kill himself is guilty of a misdemeanour and is subject to imprisonment of up to two years, a fine, or both”, with the minimum age of prosecution for the offence set at eight years old.
“It is my finding that applying the purpose and effect principle of constitutional interpretation, section 226 of the penal code offends article 27 of the constitution by criminalising a mental health issue thereby endorsing discrimination on the basis of health, which is unconstitutional. It also indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control,” Mugambi ruled.
The ruling came after a court petition by, among others, the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association, in which they contended that the main factors driving up suicide cases include “undiagnosed and untreated mental health conditions as well as mental disabilities which result in suicidal thoughts that may lead to attempted suicide by persons affected”.
