CJ Koome Makes Changes to Jail Sentence for Suicide Attempt Victims

Chief Justice Martha Koome is championing a transformative shift in Kenyan law that could significantly impact the lives of those who survive attempted suicide.

In her groundbreaking proposal within the Penal Code (Amendment) 2023, Chief Justice Koome calls for the removal of Section 226, which presently classifies attempted suicide as a misdemeanor, burdening individuals in distress with criminal charges.

Currently, the Penal Code labels anyone attempting suicide as guilty of a misdemeanor. This stance not only perpetuates the stigmatization of mental health issues but also threatens survivors with potential jail terms, fines, or a punitive combination of both.

In a move that demonstrates deep empathy and a progressive approach to addressing mental health, Chief Justice Koome’s proposal advocates for the complete erasure of Section 226 from the principal Act.

This bold step signifies a turning point in Kenyan legislation, emphasizing a more compassionate response to those who are struggling with mental health crises.

The proposed amendment is a significant stride toward recognizing mental health as a public health concern, paving the way for a more supportive and understanding society.

By decriminalizing attempted suicide and advocating for health support instead, Kenya is poised to enhance the well-being and dignity of its citizens, fostering an environment where seeking help and support for mental health issues is encouraged rather than penalized.

This provision has been a source of concern for advocacy groups who have contended that imprisoning individuals for attempting suicide essentially punishes those dealing with mental health issues.

Professor Mariam Mutugi, a commissioner, expressed that the choice to apprehend and bring to court survivors of Paul Mackenzie’s Goodnews International Church was a mistaken.

These statements were made during the Adhoc committee’s inquiry into the Shakahola deaths.

Mutugi stressed, “Science has confirmed that individuals who attempt to end their lives have mental illness.”

“The same science has approved that a person of stable mind can never attempt to their lives. Rather than prosecute, people with suicidal tendencies should be taken to medical care facilities. They need help.” 

The Global Mental Health Network, an organization dedicated to advancing mental health on a global scale, has been included in a petition submitted by the KNHRC (Kenya National Human Rights Commission) advocating for the decriminalization of suicide attempts.