Attempted Suicide Is No Longer a Crime in Kenya: A Policy Shift With Real-Life Impact

September is Suicide Prevention Month, a time when the world reflects on how to save lives and encourage those who are struggling to seek help.

This year, Kenya marks the month against the backdrop of a powerful development. In January 2025, the High Court in Kenya National Commission on Human Rights & Kenya Psychiatric Association v. Attorney General & DPP [2025] eKLR delivered a landmark judgment striking down Section 226 of the Penal Code.

For years, this law treated those who attempted suicide as criminals. People were arrested, prosecuted, and sometimes jailed at the very moment they most needed care.

The Court rightly found that such punishment violated the Constitution. Suicide is not a crime. It is a health issue that requires empathy and professional support.

Why the Judgment Matters for Policy

The Court grounded its decision in our Constitution:

• Article 43 - every person has the right to the highest attainable standard of health, including mental health.

• Article 28 - dignity must be respected and protected.

• Article 27 - no one should be discriminated against, including on the basis of mental health status.

Punishing someone in crisis undermined all these principles and the Court corrected that.

But a judgment alone cannot change lives. The true test is whether this decision will translate into better policy and stronger systems of care.

1. Parliament now has the responsibility to repeal Section 226 entirely so the Penal Code aligns with the Constitution.

   
   

2. The national government must commit real resources to mental health. Less than one percent of the health budget is currently allocated to this area, and that is not nearly enough.

   
   

3. The National Suicide Prevention Strategy (2021–2026) is already enacted. What Kenyans need now is full implementation, with awareness campaigns, hotlines, and health workers equipped to respond.

   
   

4. Counties, too, must act. Under devolution, they are closest to the people, and they have the power to make mental health support available in schools, clinics, and villages.

The significance of this moment is not only legal. It is deeply human. It matters to the young person weighed down by joblessness and despair. It matters to the mother quietly struggling with postpartum depression. It matters to families who have carried the pain of suicide attempts in silence. This judgment gives hope that pain will no longer be met with punishment but with compassion and care.

Kenya in a Global Conversation

Kenya now joins other countries, including India and Rwanda, that have recognized suicide as a public health issue rather than a criminal one. Globally, more than 700,000 lives are lost to suicide each year. Research shows that where suicide is decriminalized and prevention programs are adequately funded, stigma falls and help-seeking increases. By taking this step, Kenya is not just following a trend; it is leading by showing that rights-based mental health policy is possible in Africa.

Beyond Law: A Human Policy Story

To anyone struggling, know this: you are not a criminal. You are human, and you deserve care. Please reach out; to a counsellor, a health worker, a trusted friend, or a family member. Seeking help is not weakness, it is courage.

The Court has done its part by striking down an unjust law. It is now up to policymakers to turn that decision into action. Good policy is not judged in courtrooms but in the lives it saves and the dignity it restores.

Written by Winnie Tsuma, An Advocate of the High Court, Dementia Awareness Advocate and Policy Leader Fellow (2025-2026), European University Institute – School of Transnational Governance