Nairobi: In a significant push towards transforming mental health care in Kenya, Professor Lukoye Atwoli, a prominent mental health expert and Dean at the Medical College of East Africa, has initiated a campaign to decriminalize attempted suicide. This initiative was officially presented to the National Assembly, challenging the current legal framework that penalizes such acts.
According to The Aga Khan University, where Professor Atwoli also serves as Associate Director of the Brain and Mind Institute, the petition specifically targets Section 226 of the Kenyan Penal Code. This section currently treats attempted suicide as a misdemeanour, subjecting individuals to up to two years in prison or a fine. Professor Atwoli argues that this law is detrimental to individuals experiencing mental health crises by potentially increasing stigma and discouraging them from seeking necessary help.
During his advocacy, Professor Atwoli highlighted the adverse effects of criminalizing attempted suicide, noting that it exacerbates the challenges faced by those in distress rather than providing them with the support they need. “Criminalizing attempted suicide does not help those in distress,” stated Prof. Atwoli. “Instead, it exacerbates their suffering by adding the burden of legal consequences to their already fragile state.”
The professor also pointed out that such criminalization hinders accurate data collection and effective suicide prevention strategies. He explained that fear of legal repercussions prevents many individuals from reporting their suicide attempts, thereby creating significant gaps in data that are crucial for developing effective mental health interventions.
Furthermore, Professor Atwoli’s petition argues for the alignment of Kenya’s legal stance with its Mental Health Act, which acknowledges the link between mental health issues and attempted suicide. He asserts that the current penal approach contradicts the constitutional right to health and dignity and calls for the repeal of Section 226 to better support individuals struggling with mental health challenges.
The petition has now been referred to the Public Petitions Committee of the National Assembly for review, marking a pivotal step towards potentially redefining how mental health issues are addressed legally in Kenya. Professor Atwoli’s efforts align with global trends where many countries have decriminalized attempted suicide to foster a more supportive and compassionate environment for those affected by mental health issues.