MPs should decriminalise suicide attempts

Just under two weeks ago, we marked the World Suicide Prevention Day.
In another three weeks’ time, we shall mark the World Mental Health Day. The month between September 10 and October 10 is an important period for those involved one way or another in mental health.

It provides us with an opportunity to reflect on our own mental health, as well as on the state of mental health around the world. While the upcoming World Mental Health Day will focus on increased investment in mental health, last year’s theme was on suicide prevention.

As we work to increase investment in mental health in order to address issues including promotion of mental health and wellbeing, prevention of mental ill health, and treatment and rehabilitation of those that get mentally ill, there are some ‘investments’ that may not require much in terms of public funds.

Mental health

One of the greatest investments in our mental health can be made in the course of our public officers’ day jobs.
This involves a hugely important move in our legislative landscape, a move that would jolt all of us to begin thinking more seriously about our own mental health and that of our loved ones.

In less than a day, our members of the National Assembly can debate and pass a bill providing for the decriminalisation of suicide attempts.

We have seen, even recently with the county revenue allocation hullabaloo, that legislation can be brought to the House in the early afternoon and be passed into law in time to feature on the early evening news.

In the past, numerous pieces of legislation have been passed and signed into law practically on the same day.

We, therefore, know that it is possible for Parliament to rise to the occasion and make this move that, while it may appear symbolic, would be an important beacon signifying our changing attitudes towards mental ill health and the mentally ill.

Penal Code

Section 226 of the Penal Code, Cap 63 of the Laws of Kenya, states without equivocation that “Any person who attempts to kill himself is guilty of a misdemeanour”.

Such a person is, therefore, meant to be arraigned in court and charged with this ‘crime’, and upon conviction may be sentenced to imprisonment for a term not exceeding two years, with or without a fine, according to section 36 of the same Penal Code.

It is a wonder that nobody sees how ludicrous it is to save someone from trying to kill themselves, only to later punish them so severely for the same act that their suicidal symptoms worsen.

If it will take drafting the amendment for Parliament to act, we are ready to do so.

Indeed, a week ago we drafted some rudimentary amendment and shared it on multiple forums, hoping some legislator would take a break from the usual political posturing and take up this cause on behalf of the millions of suffering Kenyans. So far none has done so, but I remain hopeful that they will.

Kenya has the opportunity to finally emerge from the barbaric dark ages when nobody understood anguish so severe it drove one to contemplate suicide, which was considered a grievous sin, and, therefore, a crime.

Fifty years after getting the right to write our own laws, it is time to decriminalise suicide attempts.
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