Kenya Psychiatric Association now wants suicide attempt detainees freed
By Sinda MatikoDr Chitayi Murabula, the President of the Kenya Psychiatric Association has called on the government to release all those in custody on account of attempted suicide after the High Court ruled that such an attempt is not a crime.
With the Court having declared Section 226 of the penal code unconstitutional, Mr. Murabula has now proposed an undertaking of “full implementation of the national suicide prevention strategy by national and county governments and the immediate release of all patients in custody on account of attempted suicide for treatment.”
Under the penal code, those who are found guilty of attempted suicide face a misdemeanor charge that can lead to a fine and up to two years in jail.
But on Thursday Justice Lawrence Mugambi ruled that the section offends Article 27 of the Constitution by criminalizing a mental health issue, thereby endorsing discrimination based on health.
The judge further said the section also “indignifies and disgraces victims of suicide ideation” in the eyes of the community for actions that are beyond their mental control, which is a violation of Article 28 of the constitution.
“The existence of Section 226 exposes the survivors of suicide and potential victims with suicide ideation to possible reprisals thereby eroding the right to have the highest attainable standard of health envisaged in Article 43 (1) of the Constitution,” stated the judge.
Anyone arrested and convicted for attempted suicide is liable to a punishment of two years imprisonment, a fine, or both upon conviction under Section 36 of the Penal Code.
In 2019, the World Bank estimated that roughly six out of 100,000 Kenyans could be expected to eventually kill themselves, prompting the launch of a mental health initiative by the government in 2022.
World Health Organisation ranked Kenya as the sixth African country with the highest levels of depression with at least 1.9 million diagnosed Kenyans suffering from depression.
The Kenyan National Commission on Human Rights (KNCHR) also welcomed the ruling stating that the continued criminalization of attempted suicide increases stigma and trauma, which ends up denying vulnerable persons healthcare as well as needed psychological, family, and community support.
Mr Murabula has also called on the government to Introduce mental health education in all schools. Create suicide hotlines (toll-free) to help persons in mental health crises and those affected by suicide deaths.
Additionally, he has also called on the government to implement its policies that restrict access to means of suicide such as pesticide control and fire-arm licensing control.