The High Court in Nairobi has decriminalized attempted suicide in Kenya, ruling that the provision in the Penal Code which criminalises the act is unconstitutional.

The landmark ruling was issued by Justice Lawrence Mugambi on Thursday who declared that Section 226 of the Penal Code violates fundamental human rights enshrined in the Constitution.

Section 226 of the Penal Code states that any person who attempts suicide is guilty of a misdemeanour and liable to imprisonment of up to two years, a fine, or both.

Specifically, Mugambi ruled that the provision contravenes Articles 27 (equality and freedom from discrimination), 28 (human dignity) and 43 (the right to health) of the Constitution.

“It is my finding that applying the purpose and effect principle of constitutional interpretation, 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,” he ruled.

“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, The existence of Section 226 exposes the survivors of suicide and potential victims with suicide ideation to possible reprisals, thereby eroding the right to have the highest attainable standard of health.”

The development comes after the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association (KPA), alongside other institutions, filed a petition seeking to decriminalize attempted suicide.

In their affidavit, KNCHR and KPA argued that it was unconstitutional to mete out punishments to suicide survivors since it violates the rights of persons with mental disabilities.

Prior to the ruling, Kenya was one of nine countries in Africa where attempting suicide was a criminal offence. The others are; Ghana, Malawi, Nigeria, Somalia, South Sudan, Sudan, Tanzania and Uganda.