By Adeyemi Adekunle
A profound shift in Kenya’s justice and mental health landscape has sparked national and regional debate after the country’s High Court declared it unconstitutional to criminalize attempted suicide. This landmark ruling, delivered on Thursday, offers a ray of hope for many who have long battled mental illness under the weight of a punitive legal system.
The ruling marks a pivotal moment, challenging centuries-old laws rooted in colonial times that branded survivors of suicide attempts as criminals. For advocates, survivors, and mental health professionals, it signals an opportunity for compassionate treatment rather than punishment—a lifeline in a country grappling with rising mental health challenges.
A History of Pain and Punishment
Under Kenya’s penal code, attempted suicide is a misdemeanor, punishable by fines or imprisonment of up to two years. The law’s existence often discouraged individuals from seeking help, fearing prosecution instead of care.
For years, individuals like 27-year-old Kevin Omondi suffered in silence. After losing his job during the COVID-19 pandemic, Omondi spiraled into depression, culminating in a desperate act: ingesting poison. He survived, only to be arrested while recuperating in a hospital bed.
“I needed help, not handcuffs,” Omondi shared, recounting his ordeal. “Being treated like a criminal only deepened my despair.” His voice cracked as he spoke of the stigma that followed his release, compounded by whispers from neighbors and avoidance by friends. “It felt like society had judged me and found me unworthy of life.”
Omondi’s story is far from unique. Mental health experts in Kenya describe a legal system ill-equipped to address a public health crisis. According to the World Bank, six in every 100,000 Kenyans die by suicide annually—a figure many believe is vastly underreported.
The Court’s Ruling: A New Dawn
The High Court’s judgment, which declared criminalizing attempted suicide as unconstitutional, reverberated across Kenya. It stated unequivocally that treating those grappling with mental health crises as criminals endorsed discrimination based on health—a violation of the country’s constitution.
Kenya’s National Commission on Human Rights (KNCHR), a key petitioner in the case, hailed the ruling as “a rallying call for an open and candid conversation about mental health.”
“This decision not only affirms the dignity of every Kenyan but also challenges us to confront the stigma that has kept mental health in the shadows for far too long,” the commission said in a statement.
Dr. Chitayi Murabula, President of the Kenya Psychiatric Association, took to social media, describing the ruling as monumental. “This should lead to the immediate release of all patients in custody for attempted suicide and the urgent passage of mental health reforms currently before parliament,” he said.
A System in Need of Healing
The ripple effects of criminalizing suicide attempts go beyond individual lives. Public health experts argue that such laws exacerbate stigma, discouraging individuals from seeking help and perpetuating cycles of neglect.
“Attempting suicide is not a crime; it’s a symptom of pain and illness,” said Dr. Stella Atieno, a Nairobi-based psychiatrist. “Treating it as a criminal act deepens shame and isolates those who already feel unseen.”
Dr. Atieno, who has worked with survivors of suicide attempts for over a decade, said many of her patients cite fear of legal repercussions as a reason for concealing their struggles.
In 2022, the Kenyan government launched a mental health initiative in response to increasing suicide rates, aiming to bolster awareness and support services. However, health workers argued that criminalization undermined these efforts, creating contradictory approaches to a critical issue.
The Global and Regional Context
Kenya is not alone in wrestling with the decriminalization of suicide. Across Africa, mental health laws remain tethered to colonial legacies, with nearly half of the continent’s nations criminalizing suicide attempts.
The World Health Organization (WHO) estimates that 11 in every 100,000 people die by suicide annually across Africa—higher than the global average of nine per 100,000. For every death, approximately 20 attempts are made, reflecting the scale of unaddressed mental health crises.
In recent years, several countries, including Ghana and South Africa, have begun reforming their laws to decriminalize suicide. Advocates hope Kenya’s ruling will inspire similar changes elsewhere on the continent.
“This ruling sets a powerful precedent,” said Angela Karimi, an activist and member of the Pan-African Mental Health Alliance. “It acknowledges that mental health challenges cannot be addressed through punishment but require empathy and systemic reform.”
Path to Formal Repeal
While the ruling is a monumental step, it is not the final word. The High Court’s decision mandates that the Attorney General initiate the repeal of the penal code provision criminalizing attempted suicide—a process that could face political and bureaucratic hurdles.
Mental health advocates are pushing for swift action. A pending Mental Health Amendment Bill in Parliament aims to overhaul existing laws and expand access to care. For the changes to be effective, experts argue, the government must invest heavily in mental health infrastructure, which remains severely underfunded.
“There’s a lot of work ahead,” said Dr. Atieno. “We need to build accessible mental health services across the country, particularly in rural areas, and ensure that stigma is addressed through education and community programs.”
Hope Amid Challenges
For survivors like Kevin Omondi, the High Court’s decision offers hope for a future where individuals grappling with mental health issues are met with care instead of condemnation.
“I feel like I can finally begin to heal,” Omondi said, reflecting on the ruling. “It’s not just about me; it’s about everyone who feels like they’re drowning and has no one to save them.”
Rights groups are optimistic that Kenya is turning a corner. The KNCHR emphasized that the ruling has the potential to transform public attitudes toward mental health, creating a society where vulnerability is met with support, not scorn.
As the country embarks on this new chapter, it faces an undeniable truth: mental health matters. And with compassionate reforms, Kenya could become a beacon of hope for those seeking solace in the darkest moments of their lives.
