The High Court in Nairobi has declared the criminalization of attempted suicide in Kenya unconstitutional, effectively decriminalizing the act. In a landmark ruling issued on Thursday, Justice Lawrence Mugambi found that Section 226 of the Penal Code, which imposes penalties of up to two years imprisonment, fines, or both on individuals who attempt suicide, violates fundamental rights guaranteed by the Constitution.

Justice Mugambi ruled that Section 226 contravenes Articles 27 (equality and freedom from discrimination), 28 (human dignity), and 43 (the right to health) of the Constitution. He emphasized that criminalizing a mental health issue discriminates against individuals based on health, undermining their dignity and exposing them to stigma and reprisals.



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“It is my finding that Section 226 of the Penal Code offends Article 27 by criminalizing a mental health issue, thereby endorsing discrimination on the basis of health, which is unconstitutional,” said Justice Mugambi. He added that the law “indignifies and disgraces victims of suicide ideation for actions beyond their mental control,” violating their right to dignity under Article 28, while also eroding their right to the highest attainable standard of health under Article 43.

The decision follows a petition by the Kenya National Commission on Human Rights (KNCHR), the Kenya Psychiatric Association (KPA), and other institutions, which argued that punishing suicide survivors violates the rights of individuals with mental health conditions.


Prior to this ruling, Kenya was among nine African countries where attempting suicide was a criminal offense, alongside Ghana, Malawi, Nigeria, Somalia, South Sudan, Sudan, Tanzania, and Uganda.