Kenya’s High Court made history on January 9, 2025, by declaring that Section 226 of the Penal Code — which criminalizes attempted suicide -- as unconstitutional. This decision strikes at the heart of a colonial-era legislation and shift the national conversation towards a more compassionate and effective approach to mental health.
The origins of this outdated law stems from Kenya’s colonial past, a period when mental health issues were weaponized against African freedom fighters like the Mau Mau, framing their fight for self-determinization and independence as insanity.
In 2022, we highlighted how criminalizing attempted suicide fuels stigma, discourages individuals from seeking help, and weakens our understanding of suicidality. The court’s decision possibly opens the door to a new era of mental health care for individuals struggling with suicidal thoughts—one that prioritizes prevention, treatment, and dignity over punishment.
With this ruling in mind, the focus must now shift towards implementing effective suicide prevention strategies. Research shows that a history of attempted suicide is the strongest predictor of future attempts. Decriminalization allows people in crisis to seek help without fear of legal consequences, setting the stage for targeted interventions.
Key strategies include:
· Restricting access to lethal means: In Kenya, studies reveal that many suicides involve self-poisoning with toxic substances such as pesticides. Targeted regulation of these substances or replacing them with safer alternatives can save lives.
· Educating the public: Increasing mental health literacy helps communities recognize that conditions like depression are treatable and suicides preventable. Accessible, affordable care is thus a crucial counterpart to public education.
· Responsible media reporting: The language we use matters. Terms like “committed suicide” frames it as a crime, perpetuating stigma. Avoiding sensationalizing deaths by suicide and instead shifting to a focus on sharing help-seeking resources remains vital to expanding responsible media reporting.
In low– and middle-income countries like Kenya, these measures can be particularly vital. Many suicides in such regions stem from preventable causes, yet limited resources often delay intervention. Expanding affordable care, improving community outreach, and regulating access to harmful substances are necessary next steps.
The ruling is more than a legal milestone, it’s an important step toward liberation from oppressive colonial-era legal frameworks imposed and a move toward inclusive, rights-based approaches to mental health care. Still, the work is far from over.
We welcome this legal victory, and hope that it goes a long to shaping a Kenya where mental health is prioritized, stigma is dismantled, and every individual has the tools they need to thrive.
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If you or someone you know is experiencing suicidal thoughts or a mental health challenge, please use one of the following resources:
Book a therapy session:
- Shamiri Health Customer Care -- +254 718292 043
In case of emergency:
- Emergency/Hotlines -- 999
- Kenya Red cross -- 1199
- AMREF Flying Doctors -- +254 20 699 2299
- AAR Healthcare -- +254 725 225 225
