High Court Judge Lawrence Mugambi has declared Section 226 of the Penal Code that criminalises attempted suicide as unconstitutional. He ruled that the Penal Code was unconstitutional for violating Articles 27, 28, and 43 of the Constitution.
In the ruling, Justice Mugambi also highlighted that it indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control. "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," part of the ruling read.
Chief magistrate Lawrence Mugambi addressing the media on August 29, 2018 Twitter "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 went further to explain that the existence of Section 226 exposed the survivors of suicide and potential victims with suicide ideation to possible reprisals which eroded their right to have the highest attainable standard of health as outlined in Article 43 (1) of the Constitution.
It follows a petition filed by the Kenya National Commission of Human Rights (KNCHR) and the Kenya Psychiatric Association.
