KNCHR wants Parliament to speed up suicide law repeal

The Kenya National Commission on Human Rights (KNCHR) chairperson Claris Ogangah.

The Kenya National Commission on Human Rights (KNCHR) now wants the National Assembly to expedite the process of repealing the law criminalising attempted suicide.

The commission says that the enactment of the Penal Code (Amendment) Bill, 2024 to repeal of Section 226 of the Penal Code will now uphold right to life, dignity, health and equality before the law.

KNCHR chairperson Claris Ogangah made the statement as the commission joined the world in marking the World Suicide Prevention Day under the theme “Changing the Narrative on Suicide”.

The September 10 commemoration marks the third and final year of the 2024-2026 global campaign, accompanied by the call to action, "Start the Conversation”.

“For KNCHR, the day is an opportunity to remember Kenyans lost to suicide while reaffirming the right to life, dignity, equality and access to appropriate mental health and psychosocial support, and to reflect honestly on the progress made and the work that remains to ensure these rights are upheld for all,” said Ogangah.

The commission stated that according to data from the Health Ministry approximately four Kenyans die by suicide every day alongside reported cases.

Ogangah said that the absence of a national suicide registry shows that the number of cases might be higher adding that their previous efforts to monitor these cases had found a burden of mental conditions on both outpatient and inpatient services countrywide.

“This is not merely a public health crisis; it is a human rights imperative,” she said adding that mental health challenges engage the rights to equality and freedom from discrimination, dignity, and the highest attainable standard of health, as guaranteed by the Kenyan Constitution.

Ogangah said as the day is marked in the country it comes at a time when High Court January 2025 decision to declare Section 226 of the Penal Code unconstitutional and seeks to treat patients with mental health challenges with compassion, respect and without criminalisation.

“The High Court's decision to decriminalise attempted suicide affirms the fundamental rights to human dignity, equality, health, and freedom from cruel, inhuman or degrading treatment.”

 The Commission commended ongoing legislative efforts seeking to repeal Section 226 and build on the Mental Health (Amendment) Act, 2022, which they said recognises suicidal ideation as a mental health challenge or condition rather than a criminal offence.

She added that the efforts also build on Suicide Prevention Strategy 2021-2026 and the 2024 Clinical Guidelines for the Management of Common Mental Disorders.

KNCHR pointed out that despite progress made in law and policy, the benefits of the efforts remain out of reach of many people particularly at the community level.

“This is compounded by the absence of a national suicide registry, chronic underfunding of mental health services, inadequate staffing and limited access to community-based care.”

The Commission said that stigma and discrimination persist in the community and in the reporting of attempts and at times it undermines the rights to dignity, equality, non-discrimination, health and life.

“Young people, survivors of trauma and gender-based violence, persons with disabilities and other marginalised groups remain particularly vulnerable, yet often lack accessible, appropriate and rights-based support.”

KNCHR also wants the development of 'National Suicide Prevention Strategy' by evaluation the strategy 2021-2026 and develop a successor plan which will strengthen evidence-based prevention measures.

It is also seeking to have a suicide registry and surveillance system between the nation and county governments which should be in line with the WHO guidance on suicide case registration.

“Such systems should ensure the protection of privacy, dignity and confidentiality, while generating reliable, disaggregated data to inform evidence-based prevention and response interventions and uphold the right to life and the right to the highest attainable standard of health.”

They also want safe reporting of suicide cases by the media which is consistent with WHO standards with respect to rights to dignity, privacy and avoiding sensationalism.