Author: Rebecca Cherop. PHOTO/FILE
On January 9, Kenya’s High Court made a historic ruling declaring Section 226 of the Penal Code, which criminalised attempted suicide, unconstitutional. Justice Lawrence Mugambi, in his verdict, emphasised that punishing individuals who attempt suicide violates their fundamental rights, particularly the right to health and human dignity.
This decision shifts Kenya’s legal and policy approach from a punitive model to one that acknowledges attempted suicide as a mental health issue requiring care, treatment and support rather than criminal sanctions. The ruling has sparked important discussions across Africa, particularly in Uganda, where suicide remains a criminal offence under Section 210 of the Penal Code.
As mental health becomes a growing concern in Uganda, it is time to reconsider the country’s approach to suicide prevention, drawing vital lessons from Kenya’s judicial milestone. Uganda’s legal stance on attempted suicide continues to reflect outdated colonial-era policies that regard suicide as a crime rather than a public health concern. Rather than addressing the root causes of suicidal ideation such as mental illness, social distress, and economic hardship, the law further victimises those who are already in crisis.
The criminalisation of suicide in Uganda has led to severe stigmatisation, discouraging individuals from seeking help due to fear of legal repercussions. This reinforces the societal stigma around mental health and further isolates those who are most vulnerable. The punitive approach fails to offer proper mental health support, as imprisonment doesnot address the underlying psychological distress that leads individuals to attempt suicide. Instead, many are incarcerated without receiving the necessary mental health care, which only worsens their situation.
Furthermore, criminalising suicide contradicts Uganda’s constitutional commitment to the right to health and dignity, discriminating against individuals suffering from mental illnesses. It also places an unnecessary burden on the justice system, diverting law enforcement resources from more pressing criminal matters. Kenya’s decision to decriminalise suicide offers a critical framework for Uganda to adopt.
The ruling signifies the need for legal reform to shift from punishment to care, ensuring that those in distress receive psychological support rather than jail time. By striking down Section 226 of the Penal Code, Kenya has set a precedent that recognises suicide as a mental health challenge rather than a criminal offence. Uganda must follow suit and amend its Penal Code accordingly to align with modern approaches to mental health.
Beyond legal reform, Uganda must prioritise mental health care by providing better counselling services, crisis intervention programmes, and psychological rehabilitation. This ruling also underscores the importance of adopting international best practices, as many countries including Ghana, India, and Canada have already decriminalised suicide attempts.
These changes reflect a global trend toward a more humane and health-focused approach. To address this issue effectively, Uganda must repeal Section 210 of the Penal Code and replace it with policies that promote mental health support rather than punishment. Strengthening mental health services is critical, requiring increased investment in accessible mental health care, crisis intervention centres, and psychiatric support. Additionally, public awareness campaigns must be launched to combat stigma and encourage individuals to seek help without fear of legal consequences.
Ms Cherop is the founder of The
Semicolon National commentator
