Legal ForumExample Category: LSK Kajiado ForumMathare MP Anthony Oluoch Moves t …Post Reply

Post Reply: Mathare MP Anthony Oluoch Moves to Decriminalize Attempted Suicide in Kenya

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 9, 2025, 11:16 am</div><div id="pl-6895"  class="panel-layout" ><div id="pg-6895-0"  class="panel-grid panel-no-style" ><div id="pgc-6895-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6895-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
			class="so-widget-sow-editor so-widget-sow-editor-base"
			
		>
<div class="siteorigin-widget-tinymce textwidget">
	<p dir="ltr" data-pm-slice="0 0 []">Nairobi, Kenya - In a move to reform Kenya's mental health landscape, Mathare Member of Parliament Anthony Oluoch has tabled the Penal Code (Amendment) Bill 2024, aiming to decriminalize attempted suicide. The proposed legislation seeks to repeal Section 226 of the Penal Code, which currently imposes criminal penalties on individuals who attempt to take their own lives, marking a significant shift toward treating suicide as a mental health issue rather than a crime.</p>
<p dir="ltr">The Penal Code (Amendment) Bill 2024 comes on the heels of a landmark High Court ruling in January 2025, which declared Section 226 unconstitutional for violating Article 27 of the Kenyan Constitution. The article guarantees the right to health and prohibits discrimination based on health status. Section 226 currently states that any person who attempts suicide is guilty of a misdemeanor, facing up to two years in prison, a fine, or both. The law also sets the minimum age for prosecution at eight years old, a provision that has drawn sharp criticism for its harshness.</p>
<p dir="ltr">Oluoch's bill aims to align Kenya's legal framework with modern understandings of mental health. The legislation emphasizes that individuals who attempt suicide often face severe mental distress and require medical and psychological support rather than legal repercussions. By removing criminal penalties, the bill seeks to reduce stigma, encourage help-seeking behavior, and ensure that those in crisis receive appropriate care.</p>
<p dir="ltr">The push to decriminalize attempted suicide has been gaining traction in Kenya for years. The Kenya National Commission on Human Rights (KNCHR) has long advocated for the repeal of Section 226, arguing that criminalizing suicide attempts deters individuals from seeking help and exacerbates mental health challenges. In submissions to a Senate committee investigating the Shakahola forest mass killings, KNCHR emphasized that scientific evidence links suicide attempts to mental health conditions, necessitating medical intervention over prosecution.</p>
<p dir="ltr">The High Court's January 2025 ruling, delivered by Justice Lawrence Mugambi, was a pivotal moment. The court found that criminalizing attempted suicide discriminates against individuals with mental health issues, violating constitutional protections. Oluoch's bill is seen as a critical step to formalize this ruling by amending the Penal Code, ensuring that the law reflects the court's decision and promotes a compassionate approach to mental health.</p>
<p dir="ltr">The move to decriminalize attempted suicide aligns with global trends. Many countries, including India, which repealed similar provisions in 2024 under the Bharatiya Nyaya Sanhita, have shifted away from punitive measures. Studies indicate that criminalizing suicide attempts does not reduce suicide rates and may even increase them by discouraging individuals from seeking help due to fear of legal consequences. In contrast, decriminalization has been linked to improved reporting and access to mental health services in countries like Sri Lanka and Singapore.</p>
<p dir="ltr">In Kenya, the bill is expected to have far-reaching implications. Mental health advocates argue that decriminalization will foster a culture of openness, allowing individuals to seek professional help without fear of arrest or imprisonment. This is particularly significant in underserved areas like Mathare, where access to mental health resources is limited, and socioeconomic challenges often exacerbate mental health struggles.</p>
<p dir="ltr">While the bill has garnered support from mental health advocates and organizations like the Noncommunicable Diseases Alliance of Kenya, it faces potential hurdles. Legislative processes in Kenya can be slow, and previous attempts to amend similar laws in other jurisdictions have faced resistance. Additionally, Oluoch's public image has been polarizing. The Mathare MP has faced criticism for his involvement in controversial incidents, including allegations of inciting violence during protests in 2023 and a recent heckling incident during a presidential visit to his constituency in March 2025. These controversies could complicate the bill's passage if political opponents leverage them to challenge his credibility.</p>
<p dir="ltr">Nevertheless, Oluoch remains steadfast in his advocacy. Known for his vocal stance on social justice issues, he has framed the bill as a step toward empowering vulnerable populations, particularly youth, who face significant mental health challenges. He has also drawn support from his alignment with broader social movements, such as his public backing of Generation Z's activism against unpopular government policies in 2024.</p>
<p dir="ltr">The proposed legislation is more than a legal reform; it represents a cultural shift in how Kenya addresses mental health. By treating suicide attempts as a public health issue rather than a criminal act, the bill aims to create a safer environment for those struggling with mental health challenges. It also underscores the need for increased investment in mental health infrastructure, including counseling services, psychiatric care, and community-based support systems.</p>
<p dir="ltr">As the bill moves through the legislative process, it has sparked a broader conversation about mental health in Kenya. Advocates are calling for complementary measures, such as training for healthcare workers and law enforcement to handle suicide-related cases with sensitivity. The World Health Organization's policy brief on suicide decriminalization, which recommends awareness programs and national prevention strategies, has been cited as a model for Kenya to follow post-decriminalization.</p>
<p dir="ltr">The bill is poised to be a defining moment in Kenya's mental health journey. If passed, it will mark a significant step toward aligning the country's laws with global human rights standards and fostering a more compassionate society. For Mathare MP Anthony Oluoch, the bill is a testament to his commitment to addressing systemic issues, despite the challenges he faces in his political career.</p>
<p dir="ltr">As Kenya awaits the outcome of this legislative effort, the message is clear: hope, not handcuffs, is the way forward for those battling mental health crises. The nation watches closely as this bill could set a precedent for other African countries grappling with similar outdated laws.</p>
</div>
</div></div></div></div></div></blockquote><br>

Cancel

Legal Forums

Post Reply: Mathare MP Anthony Oluoch Moves to Decriminalize Attempted Suicide in Kenya

Recent Posts

Crisis at Kenyatta National Hospital: Senators Demand Action on Overcrowding and Security Failures

Court Orders Equal Pay for UHC Nurses Amid Absorption Plan