High Court declares law criminalising suicide unconstitutional
The High Court sitting in Milimani has declared a section of the penal code (law) that outlawed attempted suicide as being unconstitutional
The High Court sitting in Milimani has declared a section of the penal code (law) that outlawed attempted suicide as being unconstitutional.
High Court Judge Lawrence Mugambi has declared Section 226 of the Penal Code that criminalises attempted suicide as unconstitutional.
Justice Lawrence Mugambi in his decision said section 226 of the penal code shames victims of suicide ideation in the eyes of the community for actions that are beyond their mental control.
This he emphasized is a violation of Article 28 of the constitution which states that every person has inherent dignity and the right to have that dignity respected and protected.
“A declaration is hereby made that section 226 of the penal code is unconstitutional for violating articles 27, 28 and 43 of the constitution,” he ruled.
Section 226 of the penal code criminalises attempted suicide and provides a punishment of two years imprisonment, a fine or both once found guilty.
What followed was a case being filed in court by the Kenya National Commission on Human rRghts, Charity Muturi and the Kenya Psychiatric Association.
They asked the court to intervene and determine whether suicide is a mental issue or a crime.
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The petition was filed on February 3, 2022, and sought to scrap section 226 of the penal code which dictates that a person who attempts suicide is liable for legal prosecution.
It dictates that persons who have attempted suicide are liable to two years imprisonment, a fine, or both upon conviction.
“The Petitioners fault the Kenyan government for failing in its constitutional mandate to uphold the Constitutional principles and values which include the protection of the rights of its citizens and ensure their freedom from discrimination and the protection of persons with disabilities,” part of the petition read.
They outlined that the main driving factors for attempted suicide in Kenya are various undiagnosed and untreated mental health conditions which may lead to suicidal thoughts by the victims.
Therefore, the petition faulted the government for victimising mental health patients by sending them to jail instead of committing them to a mental health facility.
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