
Atwoli’s Son Wants The Decriminalization Of Suicide In A Petition To Parliament
Lukoye Atwoli, the son of Central Organisation of Trade Unions (COTU) Secretary General Francis Atwoli, petitioned the National Assembly on Tuesday to decriminalise attempted suicide.
National Assembly Speaker Moses Wetangula informed lawmakers that the petition had been filed in his office.
“My office has received a petition from Dr Lukoye Atwoli, a citizen, a professor of psychiatry and Dean at the Aga Khan University calling for repeal of section 226 of the penal code on attempting suicide,” Wetangula stated.
Suicide is classified as a misdemeanour under Section 226 of the Penal Code Article 63 and is punishable by imprisonment for up to two years, a fine, or both.
Speaker @HonWetangula tables a petition by @LukoyeAtwoli regarding the Decriminalization of attempted suicide. #BungeLiveNA. pic.twitter.com/tyDBJ9asSu
— Mzalendo (@MzalendoWatch) August 13, 2024
In the petition, Lukoye argued that criminalizing attempted suicide did not address the underlying mental health issues.
He further noted that the criminalization of the disease exposed its victims to shame and stigma, noting that Kenya was one of the few countries where attempted suicide is still punishable.
“Criminalising suicide attempts not only fails to address underlying mental health issues but also perpetuates shame and stigma surrounding mental illnesses,” Atwoli argued in the petition.
“Continued application of the provisions contradicts the provision of Article 43 of the Constitution that says, “Every person has the right to the highest attainable standard of health which includes the right to healthcare services including reproductive healthcare and a person shall not be denied emergency medical treatment.”
As a result, the petitioner seeks to repeal Section 226 of the Penal Code, Cap. 63, which decriminalizes attempted suicide.
“Section 226 read together with section 36 is unreasonable and potentially creates a barrier towards access to the highest attainable standard of mental health care and emergency treatment,” the petitioner argued.
As a result, Atwoli forwarded the case to the Public Petitions Committee for consideration, instructing its members to report their findings to both the National Assembly and the petitioner.
Suicide criminalization in Kenya has long been a contentious issue, prompting several petitions, the majority of which classified it as a disease.
However, some people opposed its decriminalisation, claiming that not all cases were mental and that some were an escape route after committing a heinous crime.
“There needs to be an examination. Sometimes (the reasons for suicide) may also be criminal to try to avoid due process,” Tharaka MP and Lawyer George Murugara told Parliament in response to the petition.
“You want to kill yourself quickly because you have committed a more serious and heinous offense.”
Atwoli’s Son Wants The Decriminalization Of Suicide In A Petition To Parliament