Kenya has departed from the ranks of nine African countries that criminalise attempted suicide, following a High Court decision declaring the practice unconstitutional.

In a historic ruling, Justice Lawrence Mugambi struck down Section 226 of the Penal Code, which made attempted suicide a misdemeanour punishable by up to two years in prison, a fine, or both.

“It is my finding that applying the purpose and effect principle of constitutional interpretation, Section 226 of the Penal Code offends Article 27 of the Constitution by criminalising a mental health issue, thereby endorsing discrimination on the basis of health, which is unconstitutional,” Justice Mugambi stated.

The judge ruled that the provision infringed on Articles 27, 28, and 43 of the Constitution, which guarantee equality, human dignity, and the right to health, respectively.

“It 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,” he added.

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"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."

The case was brought before the court by the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association (KPA), alongside other institutions, which petitioned for the decriminalisation of attempted suicide.

They contended that individuals suffering from mental health issues required treatment, not legal penalties.

Before the ruling, Kenya was among nine African countries—Ghana, Malawi, Nigeria, Somalia, South Sudan, Sudan, Tanzania, and Uganda—where attempted suicide remained a criminal offence.

The judgement is seen as a step forward in addressing mental health as a public health issue rather than a criminal matter.

Justice Mugambi’s decision marks a significant shift in Kenya’s approach to mental health, aligning the nation with global efforts to decriminalise attempted suicide and provide support for individuals struggling with mental health challenges.