National Assembly receives petition on the decriminalisation of attempted suicide

𝗧𝘂𝗲𝘀𝗱𝗮𝘆, 𝟭𝟯 𝗔𝘂𝗴𝘂𝘀𝘁 𝟮𝟬𝟮𝟰
𝗡𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗔𝘀𝘀𝗲𝗺𝗯𝗹𝘆 𝗖𝗵𝗮𝗺𝗯𝗲𝗿

The National Assembly has this afternoon received a Petition on the Decriminalisation of attempted Suicide. 

The Petitioner, Dr. Lukoye Atwoli, a Professor of Psychiatry at the Agha Khan University has petitioned Parliament seeking for the Decriminalisation of attempted Suicide. 

The Speaker of the National Assembly, Hon. Moses Wetang'ula while reading the petition stated, “Section 226 of the Penal Code states “any person who attempts to kill himself is guilty of a misdemeanour”. Further, section 36 provides for a general punishment for misdemeanours by stating, “When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both.”

In his Petition, the Petitioner alleges that criminalizing suicide attempts not only fails to address the underlying mental health issues but also perpetuates stigma and shame surrounding mental illness. 

“This goes against the provisions of section 2 of the Mental Health Act (Cap 248) which recognises a person with mental illness as a person with suicidal ideation or behaviour. Moreover, the criminalisation of Suicide hinders accurate data collection while undermining suicide prevention efforts.” declares Dr. Atwoli.

He further adds that Kenya remains one of the few countries with legislation criminalizing attempted suicide. He avers that many countries decriminalized attempted suicide allowing mentally ill patients access to the services they require

“The continued application of the provisions contradicts the provisions of Article 43 of the Constitution that states, (1) every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care and; (2) a person shall not be denied emergency medical treatment.”

Kilgoris MP, Hon. Julius Sunkuli while contributing on the Petition called on the Kenyan Government to follow the examples of other jurisdictions such as the United Kingdom who decriminalised suicide in 1961.

“This matter is very complex as we do not know why people commit suicide. We should be using doctors to treat those in distress instead of punishing them. It is vital that we use this opportunity to make use of all the psychological knowledge and methodologies to cure the ills associated with mental health and suicide.” Said Hon Sunkuli.

Endebes MP, and the Chairperson of the Departmental Committee on Health, Hon. (Dr.) Robert Pukose informed the house that attempted suicide was a form of mental illness which has been categorised as a disease by the World Health Organisation. 

He went on to call on the House to treat the matter with delicacy as there is need to eradicate the stigma surrounding mental illness. He also urged the House to consider the policies used by the judicial system in admitting offenders to mental hospitals. 

“These are people who require treatment, more so psychological and psychiatric treatment. We also need to look at our justice system when it comes to sentencing mentally unwell criminals. What happens to the criminals after they are treated and are to be discharged? Whose responsibility should it be to cater to the bills of offenders some who are permanently committed to the mental facilities” He enquired. 

Members were however cautious of the message that the petition would send to those who would use of the gaps left by the petition to get away with murder or to evade the law.

“Life being so sacrosanct, this house should not administer an easier process that will lead to the extermination of life. Should this House make changes to that effect, then it should borrow a leaf from the practice in homicides where a medical extermination is also used in cases of suicide to determine the cause and effects leading to attempted suicide” suggested Nyando MP, Hon. Jared Okello.

The Petition was committed to the National Assembly Public Petitions Committee for consideration pursuant to Standing Order 208A.