National Assembly Speaker Moses Wetang’ula has read a petition by Prof. Lukoye Atwoli regarding the proposal to decriminalize attempted suicide before Parliament.
Speaker Wetang’ula on Tuesday, August 13, 2024, read the petition by Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli’s son which seeks the intervention of the National Assembly in repealing section 226 of the Penal Code Cap. 63 to decriminalize attempted suicide as shared to the Public Petitions Committee for consideration.
“My office has received a petition from Dr Lukoye Atwoli, a citizen, a professor of psychiatry and Dean at the Aga Khan University calling for repeal of section 226 of the penal code on attempting suicide,” Wetangula stated
“Having determined that the matters raised by the petitioner are well within the authority of this house, and further for the matters raised in this petition are not pending before any court of law, I hereby commit this petition to the Public Petitions Committee for consideration.”
Lukoye in the petition argues that suicide is a mental health issue and that criminalizing attempted suicide failed to address the underlying issues of mental health.
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Further, he noted that the criminalization of the disorder exposed its victims to shame and stigma noting that Kenya was among the few countries where attempted suicide is still punishable.
Suicide Petition by Prof. Lukoye Atwoli
“Continued application of the provisions contradicts the provision of Article 43 of the Constitution that says every person has the right to the highest attainable standard of health which includes the right to healthcare services including reproductive healthcare and a person shall not be denied emergency medical treatment,” the younger Atwoli argued in the petition.
“Criminalizing suicide attempts not only fails to address underlying mental health issues but also perpetuates shame and stigma surrounding mental illnesses.”
“Section 226 read together with section 36 is unreasonable and potentially creates a barrier towards access to the highest attainable standard of mental health care and emergency treatment,” the petitioner argued.
Death by suicide has for ages caused stigma, and those who survive to face the law since attempted suicide is illegal in Kenya and many other African countries.
In the West, suicide has been decriminalized, which is what mental health advocates have been championing in Kenya, but their efforts are yet to bear fruit.
Members of Parliament Debate
A section of Members of Parliament among supported the petition, with a majority highlighting Atwoli’s argument of treating attempted suicide as a mental illness.
Endebess MP Robert Pukose submitted, “Attempted suicide is a mental illness and being a mental illness, I don’t think it should be criminalized. These are people who require treatment, and they require more so psychological or psychiatric treatment.”
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MP Julius Sunkuli on his part expressed his support for the petition and urged the committee to consider matters that would lead to legislating on the matter.
Sunkuli argued that attempted suicide is one of those two offences where when you attempt to do an offence and you don’t succeed, then you are punished.
Kirinyaga Women Representative Njeri Maina also reacted, “I think we miss the point when we do not understand where the petition is coming from. We passed in the last Parliament a very robust law on mental health, unfortunately, we’ve not had the capacity to fully implement the same. I do not think any person of sane mind would want to take their life away.”
Opposition
A section, however, opposed its decriminalization arguing that not all cases were mental, as some were an escape route after committing a heinous crime.
“I stand to oppose this petition, and I want to oppose it vehemently. Life in the Constitution is described as sacred, it should be preserved, it is illegal to take the life of another person same as it is illegal to take your life. Why would you jail someone for attempting to take another person’s life but when one person wants to take his life you say it is okay,” said Owen Baya.
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