ICJ-Kenya: Nairobi, KENYA – This past week, High Court Judge, Justice Lawrence Mugambi declared Section 226 of the Penal Code, which criminalizes attempted Suicide unconstitutional.
The judgment continues to be hailed as a watershed moment in Kenya’s mental health journey, laying a new foundation where, persons suffering from mental illnesses are not subjected to the state’s punitive measures but instead, receive medical intervention geared towards their treatment, rehabilitation and reintegration back to society.
In his judgement, Justice Mugambi asserted that Section 226 offends Article 27 of the Constitution by criminalizing a mental health issue, thereby endorsing discrimination on the basis of health which is unconstitutional.
The section of the penal code in question, is further said to humiliate and disgrace 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 of the constitution, which guarantees every person’s right to inherent dignity and the right to have that dignity respected and protected.
The Judgement is welcome news to the region and globally as it aligns with Kenya’s commitments under international human treaties, such as the United Nations Convention on the Rights of Persons with Disabilities and the African Charter on Human and People’s Rights.
Read the full article: Decriminalization of attempted suicide: A watershed moment in Kenya
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