The decriminalisation of suicide has been a long-term goal for government, civil society and mental health advocates and is central to the National Suicide Prevention Strategy of Kenya for 2021-2026. 2025 has seen further movement towards this goal, and what began as a protracted campaign led by civil society, survivors, clinicians and human-rights advocates has now achieved significant legal and policy milestones. From the perspective of the International Association for Suicide Prevention (IASP), and partners such as United for Global Mental Health, Lifeline International, all advocating for decriminalising suicide worldwide alongside the World Health Organization, the developments in Kenya illustrate how advocacy, rights-based framing and cross-sector mobilisation can converge into meaningful reform.
For years, Kenya remained among the countries where attempting suicide was a criminal offence under Section 226 of the Penal Code. The law positioned suicidal behaviour as a misdemeanour, punishable by fines or imprisonment, despite strong evidence that suicidal behaviour is rooted in mental distress and should be addressed through health and social systems rather than the criminal justice system. This punitive framing contributed to stigma, discouraged help-seeking and hindered accurate data collection. Survivors, clinicians and advocates repeatedly argued that the law created barriers to care and perpetuated harmful misconceptions about suicide.
In January 2025, the High Court of Kenya declared Section 226 unconstitutional, as a result of a public petition coordinated by the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association and the Brain and Mind Institute at Aga Khan University. The Court recognised that criminalising attempted suicide violated fundamental rights, including equality, dignity and the right to health. This judgment reframed suicide attempts as a public-health and human-rights issue, marking a decisive shift in national understanding.
A member of the National Assembly then proposed a Bill to repeal Section 226 of the Penal Code, beginning the legislative process in Parliament to finally remove suicide attempts from the penal code. This Bill was subsequently referred to the Departmental Committee on Justice and Legal Affairs, recommending that the National Assembly approve the Bill without amendments in November. The Bill is now due for the Third Reading in the National Assembly. If passed, it will then be forwarded to the Senate for consideration. Finally, if passed by both houses, it will require the President’s Assent to become law. Once passed, it will ultimately remove attempting suicide from the penal code.
The role of civil society has been central in driving this progress. Professional associations such as the Kenya Psychiatric Association, alongside legal organisations, survivor groups, community activists and faith-based leaders, sustained years of advocacy that helped transform public and political attitudes. They brought forward lived-experience testimony, scientific evidence and constitutional arguments, and they worked across sectors to make the case that decriminalisation would promote health, reduce stigma and support prevention. Their persistence ensured that advocacy remained grounded in the realities of those most affected.
Dr Lukoye Atwoli, Professor of Psychiatry, Dean of the Medical College East Africa, and Associate Director at the Brain and Mind Institute at Aga Khan University, who launched the public petition with the National Assembly calling for the decriminalisation of suicide;
“This change emanates from years of Kenyans consistently standing up for those in distress. People who reach a point of suicidal crisis need support, not punishment. It has been encouraging to see civil society, professionals and communities push together for a more humane response. We now expect our National Assembly to move with speed to repeal Section 226 of the Penal Code to guarantee dignified support for those in dire need.”
IASP views these partnerships as essential. While global organisations can provide frameworks, evidence and solidarity, it is national and grassroots efforts that shape the environment needed for legal and cultural change.
“This is an important step forward, and we are hopeful the legislative process will soon be complete. Removing criminal penalties is essential, but the real test will be in implementation. Legislative changes must be followed by practical reform so that people previously criminalised now receive support rather than punishment.” Merab Mulindi, IASP National representative for Kenya.
For IASP and our partners, Kenya’s change reflects a wider global shift. More countries are recognising that criminalising suicide attempts contradicts rights-based and evidence-informed approaches to mental health and undermines prevention efforts. Kenya’s experience reinforces that reform is possible when advocacy is sustained, when lived-experience voices are centred and when governments commit to public-health and rights-based approaches.
