The National Assembly is debating the Penal Code (Amendment) Bill, 2024, a bill that seeks to decriminalise attempted suicide and replace punitive measures with mental health care and psychosocial support.

The Bill, sponsored by Mathare MP Hon. Anthony Oluoch, proposes the deletion of Section 226 of the Penal Code, which currently classifies attempted suicide as a misdemeanour punishable by imprisonment, a fine, or both. The amendment seeks to recognise attempted suicide as a mental health crisis requiring medical intervention rather than criminal prosecution.

While contributing during the Second Reading of the Bill, Members of Parliament overwhelmingly supported the proposal, describing it as a progressive step towards aligning Kenya's laws with the Constitution, modern mental health policies and international best practices.

Suba North MP Hon. Millie Odhiambo said individuals who attempt suicide are often battling depression, trauma and other mental health conditions and should receive treatment instead of punishment.

"We need to offer them mental support. We should treat this as a medical condition. A person who is mentally sick should not be criminalised or punished," she said.

Hon. Odhiambo noted that many Kenyans face immense emotional and economic pressures that can trigger mental health challenges, calling for greater investment in accessible and affordable mental health services across the country.

Kanduyi MP Hon. John Makali, who serves on the Departmental Committee on Justice and Legal Affairs, said stakeholder engagements had convinced him that the law should focus on rehabilitation rather than criminal sanctions.

"A person who attempts to commit suicide requires help, empathy and support, not punishment," he said.

Hon. Makali observed that the provision criminalising attempted suicide dates back to 1930 and no longer reflects current constitutional values or the country's Mental Health Act. He further cited a High Court decision that declared the provision unconstitutional, saying Parliament has a responsibility to align the law with the Constitution.

He urged both the national and county governments to strengthen mental healthcare infrastructure by establishing rehabilitation and counselling facilities in all the 47 counties.

Mwingi West MP Hon. Charles Nguna also supported the Bill, saying mental illnesses, including depression, anxiety and trauma, can lead individuals to contemplate suicide.

"Instead of subjecting such persons to criminal trials, we should provide medical intervention and establish facilities that support their recovery," he said.

The  amendment is also consistent with global efforts led by the World Health Organization to reduce suicide rates by encouraging countries to remove legal barriers that discourage individuals from seeking help.

If enacted, the Bill will mark a significant shift in Kenya's approach to suicide prevention by replacing criminal penalties with compassionate mental healthcare, counselling and rehabilitation services for those in crisis.