Why Doctors Want Law Imposing Heavy Penalty on Attempted Suicide Scrapped

Doctors have launched a bid to convince members of parliament to scrap the law imposing heavy penalties on attempted suicide in the country due to medical reasons.

Led by the top management of Mathari National Teaching and Referral Hospital, the doctors have asked Parliament to repeal Section 226 of Kenya's Penal Code, which currently imposes criminal liability on individuals who attempt suicide. 

They argued that individuals engaging in such acts are often grappling with mental illness and thus require medical intervention rather than punitive measures. 

Advocating for a shift towards prioritizing medical care over arrest and prosecution in these cases, they made their case during a meeting with the National Assembly departmental committee on Health, chaired by Endebess MP Dr Robert Pukose on Monday, March 4.

Section 226 of Kenya's penal code currently stipulates that any person attempting to take their own life is guilty of a misdemeanour, subject to imprisonment of up to two years, a fine, or both, with the minimum age of prosecution set at 8 years old.

Dr. Julius Ogato, the Chief Executive Officer of the Mathari National Teaching and Referral Hospital said the law as currently constituted can push people with mental illness to the edge.

“Initially, people thought that a person contemplating suicide is abnormal, but that is not true. Just as diabetes results from a lack of insulin in the body, mental illness involves an imbalance of chemical transmitters in the brain. There is a biological basis for such thoughts. When someone exhibits these thoughts, they require empathy and much-needed support to access treatment,” said Dr. Ogato.

“But when it is criminal act, it is reported to the police not to the hospital, by doing this, we deprive the social liberties of the person who is sick and take his or her away from seeking treatment,” added Dr Ogato.

Dr. Ogato stressed that individuals with suicidal thoughts require rescue, protection, and care, not incarceration.

He proposed that by reclassifying attempted suicide as a mental disease rather than a criminal act, perceptions would shift, and people would understand that those with mental illness require assistance, not punishment.

“This is a crucial step in combating the stigma associated with suicide and mental illness. Currently, individuals with suicidal ideation are viewed as weak. This perspective needs to change. We should approach it like any other medical condition, such as diabetes,” Dr. Ogato added.

Pukose, the chair of the National Assembly Departmental Committee on Health, emphasized that criminalizing suicide adds further suffering to individuals who are already in a vulnerable state

“It violates their fundamental human rights and dignity by subjecting them to punitive measures instead of offering support and assistance,” Dr. Pukose stated.

He underscored the importance of recognizing suicide as a mental health issue rather than a criminal act.