In a landmark progression of legal and human rights reform, Kenya stands poised to eliminate a colonial‑era provision that punished individuals for attempting to take their own lives a provision that, until now, placed suffering behind bars rather than placing survivors into care. This shift championed by Parliament, human rights advocates and the National Gender and Equality Commission (NGEC) reframes suicide attempts from a criminal act to a health‑centered public concern, marking a profound change in how the nation approaches mental wellbeing.
For decades, Section 226 of the Penal Code treated an attempt on one’s own life as a misdemeanor punishable by up to two years’ imprisonment, fines, or both. The crux of the shift — encapsulated in the Penal Code (Amendment) Bill, 2024 would repeal this punitive statute entirely, replacing it with a compassionate, constitutionally aligned framework that recognizes mental distress as a health issue deserving of care, not censure.
In its report to the National Assembly, the Justice and Legal Affairs Committee, chaired by Gitonga Murugara, confirmed that the Bill has garnered broad support and reflects a humane, progressive approach to mental health and human dignity. Under existing law, anyone found to have attempted suicide has historically faced a criminal charge a practice increasingly seen as counter‑productive and harmful to the very individuals it affects.
“Section 226 as read with section 36 of the Penal Code provides that any person who attempts to kill himself is guilty of a misdemeanor… punishable with imprisonment … or fine,” Mr. Murugara noted in his report to the House.
But those days may soon be over. A new legislative direction, backed by legal experts and civil society, seeks to anchor Kenya’s response in dignity and health, not stigma and jail cells.
The Penal Code (Amendment) Bill has drawn contributions from a spectrum of stakeholders, including law firms, advocacy bodies and human rights institutions. Four major submissions in support came from Anjarwalla & Khanna LLP, the Law Society of Kenya, Outreach for Action Kenya and critically, the National Gender and Equality Commission.
In its submission, the NGEC supported the Bill in its entirety and anchored its argument in constitutional rights pointing out that the High Court had already declared Section 226 unconstitutional for violating rights to dignity, equality and the highest attainable standard of health.
The Commission also urged Parliament to expand its focus, recommending the decriminalization of narcotic drug use and substance abuse pointing to sections of the Narcotic Drugs and Psychotropic Substances (Control) Act that similarly punish health‑related conditions with criminal sanctions. “Instead, such people, who are mostly youth, need medical intervention, not incarceration,” the NGEC noted.
The legislative push aligns with a landmark High Court ruling in 2025, which found that criminalizing attempted suicide offended multiple constitutional protections, including the rights to equality (Article 27), human dignity (Article 28) and health (Article 43). In that judgment, the court said punishing someone for a mental health crisis effectively revictimizing already vulnerable people — was unconstitutional and perpetuated stigma.
Unlike criminal law, mental health policy — as reflected in the Mental Health Act recognizes suicidal behavior as part of a broader health condition requiring treatment rather than punishment. The Justice Committee’s report echoes this principle and emphasizes the need for robust health infrastructure to respond effectively to crises.
While decriminalisation is a monumental step, experts caution that it must be accompanied by substantive investment in mental health services at both national and county levels. The Bill’s alignment with Section 2C of the Mental Health Act underscores this, obligating government to build the physical and digital infrastructure necessary for care, rehabilitation and ongoing support for persons with mental illness including those with suicidal ideations or behaviors.
