High Court's Landmark Ruling Decriminalizing Attempted Suicide: A Progressive Step for Mental Health in Kenya

By Robert Mutasi

The High Court has taken significant action by declaring that making a suicide attempt a crime is unconstitutional.

This decision is not only consistent with Kenya's current understanding of mental health, but also marks a departure from outdated laws that punished people who needed help rather than help them.

The decriminalization of suicide attempts is an effective measure that will make society more humane, facilitate access to psychiatric services, and allow people with suicidal thoughts to freely seek help without fear of getting into trouble.

For many years, Article 226 of the law provided for criminal liability for attempted suicide, and for this people could be imprisoned for two years.

The authoritarian policy did not take into account that suicide attempts are not a crime, but a desperate cry for help from people experiencing serious mental disorders.

By declaring these people criminal, the law has aggravated their situation and deprived them of the necessary assistance. The court's decision that this law is unfair and contradicts the right to health is correct.

Kenya has a serious mental illness disorder, with an estimated four people committing suicide each day.

The suicide rate is 11 per 100,000 people. The crime of suicide attempts has only exacerbated the problem, scaring people from seeking help for fear of being on the wrong side of the law.

Instead of dealing with complications that lead to suicide, such as depression, financial difficulties, drug addiction, and isolation, the law concerned only punishment, which had no medical effect.

The High Court decision opens the way to give more priority to the recovery and health of people.

Now that this legal restriction has been lifted, the government is forced to prioritize mental health care.

It should provide easy and affordable access to services such as consultations, help calls, and mental care.

We need to conduct more awareness campaigns to reduce the stigma associated with mental illness and suicide.

This will provide a safe space where people will feel free to discuss their problems.

We need to expand community support services such as peer counseling and crisis services to provide early intervention for those in need.

Kenyan actions have set a good example for other countries that continue to punish people for trying to take their own lives: we should help the mentally ill and show them compassion, not punish them.

This decision has a significant impact on changing attitudes towards mental illness and ensuring that everyone gets the care and support they need.

Currently, decision-makers, medical practitioners, and community members are all responsible for continuing to move forward and make mental health a priority for everyone in the coming years.