Decriminalisation of suicide law that punishes people with mental illness

Suicide is one of the stigmatized signs of mental illness, but under Kenyan law, it is a crime. Should the victims be held accountable in a country where people with mental illness have so few options? And what choices do they have?
One of the most contentious issues in Kenyan and African society continues to be suicide. Suicide, also referred to as self-murder, is defined as dying as a result of intentionally harming oneself.
An individual makes a suicide attempt when they harm themselves with the intention of taking their own life, even if they are not successful in doing so. Those who attempt suicide in Kenya may be charged with a crime.
Suicide is viewed as a moral concern, an abomination, if not a curse, in many African societies. According to Kenya’s penal code, Section 226, anyone who attempts suicide is guilty of a misdemeanor and may face up to two years in prison, a fine, or both. 8 years old is the minimum age for prosecution.
“If I have a mental health issue that is driving me to act on my suicidal thoughts, why are you locking me up instead of helping me? There I will automatically commit suicide. Since it’s illegal, especially for us men, I won’t ask for assistance outside,” he declares.
Julian is an example of the many Kenyans who struggle with mental illness. He laments that many people “view it as looking for attention, when we are in need of help.”
The World Health Organization estimates that 700,000 people die by suicide each year, making it the second greatest cause of death for people between the ages of 15 and 29. Additionally, it ranks among the 10 most common causes of death across all age categories.
At least four Kenyans commit suicide each day, while an additional 20 times as many attempt it. Given that suicide is a taboo subject and an offense, it is rarely discussed in public, hence these numbers are conservative.
Stigma and traumatic events can lead some people to attempt or actually commit suicide. These two elements were the cause of James Karanja, a 31-year-old intersex man, making three attempts at suicide.
The first 18 years of James’ life were spent as Mary Waithera, a girl.
“I was surprised when I was born. I wasn’t classified as a female or a boy, as I was born at home. They took me to a traditionalist, who gave them the choice of killing me or chopping off what they deemed to be unimportant in order to correct me. I was fortunate that my granny opted to raise me,” says Karanja.
Karanja endured frequent stigmatization and rejection. “My grandma limited the interactions I had with other kids out of concern that something she had been keeping secret might come to light. I was an only child,” he continues.
Later, Karanja enrolled at Molo Girls Secondary School. He was raised as a girl and when he met other girls, he experienced a gender identity issue.
“when I got up to take a shower and realized I didn’t have breasts like the other girls, that’s when I realized I was different. It was at that point that I started avoiding other classmates,”  claims Karanja.
He was selected to be an assistant head girl who eventually rose to the position of head girl, so the pupils were reluctant to challenge him about his differences. The difficulties were not entirely eliminated, though.
“Girls started to be drawn to me, and the school believed I was trying to encourage lesbianism, so they expelled me. Even though they called me back and I was able to finish high school, I naively believed that things would get better since it was the teachers who had teased me in the past for having a distinctive appearance,” continues Karanja.
To start a new life, Karanja relocated to another town in Nyandarua, but his dreams were dashed again because most residents knew him from when he was still a woman.
“they took off my clothes to find out why I was masquerading as a guy when they already knew I was a woman. They stripped me, then fled in horror at what they saw. I’ve never understood the reasoning behind it.” Karanja says
“At that point, I began to have suicide thoughts. Since I was an outsider and some people thought I was a terrible omen, I was unable to get employment. Without someone pointing their finger at me, I could never stroll in peace,” Karanja continues.
Due of the social stigma and self-loathing she was experiencing, Karanja made three suicide attempts. He began to take his mental health seriously on his most recent attempt.
“I had just tried to end my life. I left the house on time. In the midst of their chat, I noticed two people giggling. I suddenly realized that even if I had succeeded in killing myself, the two people would still be laughing. I had to start loving who I was and accepting who I was,” says Karanja.
“I just wanted to end the pain, i didn’t want to kill myself because i didn’t want to live.” Karanja continues
“It is important to stress that nobody is supporting suicidal thoughts, attempts, or even completion. Because suicide deaths do occur, there is a need to address them,” according to Petronella Mukaindo, deputy director of the Kenya National Commission on Human Rights and a research expert in legal and policy issues.
Some claim that by making suicide a crime, the law discourages those who are mentally ill from seeking treatment, encouraging them to commit suicide in order to avoid going to jail.
“I can’t image reporting my patients to the police while they are receiving treatment  i wouldn’t be assisting them.”  according to psychiatrist Dr. Chitayi Murabula, head of the Kenya Psychiatrist Association.
Despite the fact that Kenya has been independent for 60 years, some people believe that criminalizing suicide is a remnant of colonial times.
“You need to understand that it is a British colonial statute. Although the British decriminalized suicide in 1961, several years before Kenya gained independence, the majority of British colonies still adhere to this colonial legislation. Unexpectedly, Kenya is still clinging to it,” claims Ms. Mukaindo.
Up to 25% of patients at hospitals’ outpatient departments, according to Dr. Chitayi, a psychiatrist and the head of the mental health department at Kenyatta National Hospital, have mental illnesses. Additionally, up to 40% of visitors to inpatient units fall into the same category. However, just 22 of Kenya’s counties have the infrastructure necessary to deal with these circumstances.
In most counties, having a mental illness is expensive. The majority of patients who must travel for treatment are directed to Mathare, which is already overwhelmed, claims Dr. Chitayi.
“Problematic health systems predispose many of our people to suffer from chronic mental health conditions,” continues Dr. Chitayi.
It is no longer a silent epidemic of mental disease
Despite the fact that Section 3 of the Mental Health Act provides a framework to advance everyone’s mental health and wellbeing, including lowering the prevalence of mental illness, this is the case. Additionally, it strives for the recovery, improvement, rehabilitation, and community integration of people with mental illnesses. It also encourages the provision of mental health services in primary healthcare facilities.
These policies are all yet to be implemented
Kenya is working to achieve a 10% decrease in suicide mortality by the year 2026 in accordance with the 2021–2026 Suicide Prevention Strategy target. Kenya is now dealing with an increase in the prevalence of mental health conditions.
Despite the terrible circumstances, the Kenyan government only spends about 0.01% of the overall health budget on mental health. Many people now cannot access mental health services due to underfunding.
People often compare kids to sponges. They watch, take in, and mimic. Onyango Julian, a mental health advocate from Guyana, is 37 years old. Julian endured more than 17 years of alcoholism. He claims that he had his first experience with alcohol when he was just 8 years old.
“My dad and alcohol never got along well. My family acquired it together. I am the only one that is sober right now. The toxic cycle made me attempt suicide three times, and we lost both my dad and brother to alcohol-related complications,” recalls Julian.
Julian would subsequently receive a diagnosis of bipolar disorder, a psychiatric illness marked by wildly fluctuating moods. classified as a mental health issue as well as a mood illness.
The year 2019 was his turning point when he tried suicide and the police were called.
“I was inebriated when the police came to get me. We were fortunate to receive alternative assistance when someone advised we needed to dig deeper. The police car that would later take me to prison picked me up at that point and drove me to Mathare Hospital,”  according to Julian.
Julian says in a trembling voice, “I am sure that if I had not received medical attention and that I had been imprisoned, I would have finished the suicide there.”
In his Madaraka Day speech in June 2019, Kenya’s fourth president, Uhuru Kenyatta, stated that “Depression has today become a common phenomenon and it affects persons from all walks of life and ages.”
A task force on mental health was established in response to these comments. The designation of mental illness as a national emergency of pandemic proportions was one of its main proposals.
The Kenya National Commission on Human Rights requested that section 226 of the Penal Code be repealed in time for World Suicide Prevention Day 2020 in order to decriminalize attempted suicide.
The Penal Code Amendment bill, which sought to remove many provisions, was introduced to parliament in 2021. Including attempted suicide under section 226.
The Bill decriminalizes attempted suicide to make sure victims receive the support they need in accordance with the Mental Health Act. A criminal investigation should not be conducted in cases of attempted suicide because it is a mental health issue.
The Kenya National Commission on Human Rights filed a constitutional petition in 2022 to declare the clause illegal and have it removed. Co-petitioners were Kenya Psychiatric Association and Charity Muturi, a person dealing with mental illness. According to the appeal, people with mental health concerns are violated by the law as it currently stands. Before Judge Mugure Thande, the case was brought up on May 18, 2023.
This completely captures the depressing status of mental health in Kenya. A tragic situation that violates numerous internationally recognized human rights and laws, including the Kenyan constitution.
Every Kenyan has a right “to the highest attainable standard of health, which includes the right to health care services, including reproductive health care,” according to Article 43 (1)(a) of the Constitution.
The standard