MPs clash over petition to decriminalise attempted suicide

A petition advocating for the decriminalisation of attempted suicide has elicited mixed reactions from legislatures.

The petition by Lukoye Atwoli, a Professor of Psychiatry who is also the Dean at Medical College of East Africa, Aga Khan University, seeks to repeal Section 226 of Kenya's Penal Code that criminalises individuals who attempt to take their own lives.

Policies against criminalisation of suicide, led by Atwoli, have been ongoing but are yet to get parliamentary approval, despite the surging number of mental illnesses reported in the country.

According to the expert, criminalising suicide attempts not only fails to address underlying mental health issues, but also perpetuates stigma and the shame surrounding mental illness.

Data by the Ministry of Health and the World Health Organization show that one out of four Kenyans suffer from a mental illness.

Common mental illnesses in Kenya include depression and suicide, substance use and bipolar disorders, schizophrenia and psychoses.

Shortly after Speaker of the National Assembly, Moses Wetang’ula, declared that the petition had been formerly received, sentiments from a section of MPs showed a sharp division, with some passionately backing the petition and others vehemently declaring their opposition.

Section 226 of the Penal Code currently classifies attempted suicide as a misdemeanour, punishable by up to two years in prison, a fine, or both.

The law allows for the prosecution of individuals as young as eight years old.

In his petition, Prof Atwoli argues that criminalising suicide attempts does not address the root course of mental health issues and instead increases the stigma surrounding them.

"Criminalising those who attempt suicide only worsens their suffering and discourages them from seeking the help they need," Prof Atwoli stated in his petition. 

Atwoli’s views were supported by a number of legislators who pronounced themselves over the matter on the floor of the house, led by National Assembly Health Committee Chairperson, Dr Robert Pukose.

Pukose, who is also the Endebess MP, said criminalising suicide worsens the suffering of individuals who are already in a vulnerable state, noting that the vice is a form of mental illness which has been categorised as a disease by the World Health Organization.

"Subjecting those who attempt suicide to punitive measures violates their fundamental human rights and dignity. They need psychological and psychiatric treatment, not punishment," Pukose stated.

He further added, "Decriminalising suicide would improve access to mental health services and reassure those considering suicide that seeking help will not result in legal consequences."

Kilgoris MP, Julius Sunkuli, also backed the petition, urging the government to follow the example of other countries, such as the United Kingdom, which decriminalised suicide in 1961.

"This issue is complex, and we must treat those in distress with compassion rather than punishment. We have a responsibility to use all available psychological knowledge to address the underlying issues related to mental health and suicide," said Sunkuli.

But a section of MPs led by House Deputy Majority Leader Owen Baya, who is also the Kilifi North representative, sharply disagreed with the assertion, arguing that life is sacred and no one should be allowed to take it away at will.

"As a Christian, I believe life is sacred and must be preserved. This House will face harsh judgment if we decriminalise suicide," said Baya.

Other lawmakers, including Ruweida Mohamed (Lamu East), Joshua Mwalyo (Masinga), and Yussuf Farah (Wajir West), echoed similar concerns, stressing that suicide goes against religious teachings.

"Religion should guide us in this matter. Suicide is a sin in all our religions," said Ruweida, warning that decriminalising the practice could lead to more people taking their own lives.

Despite the opposition, several MPs voiced strong support for the petition.

Yusuf Hassan (Kamukunji), Jane Maina (Kirinyaga), Jared Okello (Nyando), Gideon Ochanda (Bondo), Martin Owino (Ndhiwa), Samuel Atandi (Alego Usonga), and Lizah Chelule (Nakuru) argued that individuals who attempt suicide are not in a sound psychological state and need help rather than punishment.

"Those who attempt suicide are not psychologically balanced. We miss the point if we bring religious quotes into this serious matter. These individuals need help," said MP Hassan.

In the petition, Atwoli noted that Kenya remains one of the few countries where attempted suicide is a crime.

The mental health expert avers that many countries decriminalised attempted suicide, allowing mentally ill patients access to services they require.

Speaker Wetang’ula referred the petition to the National Assembly Public Petitions Committee for further consideration, as per Standing Orders.

Additional reports by Health ministry and the police show more men than women die by suicide.

Between 2015 and 2018, 1,442 Kenyans attempted suicide, according to the Kenya National Commission on Human Rights. The data shows men are four times likely to attempt suicide than women.

High cases of mental illnesses in the country forced former President Uhuru Kenyatta, to establish a Mental Health Taskforce team in 2019.

The taskforce, led by Dr Frank Njenga, recommended declaring mental health a national emergency.

According to the task force report, 75 percent of Kenyans are not able to access the necessary healthcare, despite the heavy burden of mental illness in the country.

In the report, it was documented that about 475, 633 Kenyans suffer from severe mental illnesses.

Dr Catherine Syengo Mutisya a consultant psychiatrist, and also a secretariat to the task force team working for the Ministry of Health at Mathari National Teaching and Referral Hospital, says the country is yet to fully implement the task force recommendations.

For example, mental health illnesses is yet to be declared a national emergency of epidemic proportions.

“Whenever something is declared a national emergency, there is allocation of funds for action, which we haven't seen yet,” said Mutisya.