Why Kenya must amend the penal code and decriminalise suicide attempts

Kenya stands at a critical moment in its mental-health journey. As the country takes steps toward recognising suicide as a public-health issue rather than a criminal offence, it is essential that Parliament passes the proposed amendment to the Penal Code. Decriminalising suicide attempts is not just a legal reform — it is a humane, scientific, and socially responsible shift that will save lives.

For decades, people who attempted suicide were treated as offenders instead of patients in crisis. This approach has proven ineffective and harmful. Criminalisation creates fear, fuels stigma, and drives individuals away from seeking help. Many Kenyans suffer in silence because they are afraid that reaching out during moments of deep emotional pain may lead to arrest or prosecution. Instead of encouraging recovery, the current law reinforces shame and isolation.

Suicidal behaviour is recognised worldwide as a sign of severe psychological distress, often linked to depression, trauma, grief, addiction, or overwhelming life pressures. Punishing pain does not solve it. The World Health Organization, global mental-health experts, and numerous governments have affirmed that legal penalties do not reduce suicide rates. What works is timely intervention, counselling, medical care, and community support.

Keeping suicide attempts criminalised also misuses limited justice-system resources. Police officers, magistrates, and prisons end up managing cases that belong in hospitals and counselling centres. At a time when Kenya seeks to strengthen mental-health systems, directing vulnerable individuals to courts instead of care contradicts the national agenda. Decriminalisation would allow health and social-service providers to respond effectively while freeing law-enforcement to focus on genuine security concerns.

Moreover, Kenya’s move to amend the Penal Code aligns with international human-rights standards and modern public-health

Dr. Catherine Syengo Mutisya, Consultant Psychiatrist and Family therapist,