The case where the Kenyan national commission on human rights has petitioned to have the court declare a section of the Penal Code that outlaws attempted suicide as being unconstitutional will come up for hearing on 18th of July.
Setting the hearing date Justice Mugure Thande told the petitioners and the other concerned parties to also explore the avenue of parliament .
Victor Lando, the lawyer representing KNCHR said Parliament has not prioritized the issue and has failed to deal with the amendment of the section in the penal code.
The coalition action for preventive mental health who is an interested parties in the petition argue that those arrested for attempted suicide should not face criminal charges but be offered mental health attention.
Section 226 of the Penal Code, states that anyone who attempts to kill himself or herself is guilty of an offence. The punishment is two years in prison, a fine or both.
Cabinet Secretary for Health and the attorney general have however stated that the issue can only be handled by the legislative arm of government.
The World Health Organisation report in 2019 estimates Kenya’s age standardized suicide rate stands at 11 in 100,000 people. The reports adds that Mental illnesses are often associated with suicidal behaviour.
Suicidal thoughts associated with depression lifetime prevalence is 7.9% while for other mental illnesses is 5-8 percent .