The proposed reforms represent one of the most progressive steps in recent years toward recognising mental distress as a public health concern rather than a criminal offence.
At the heart of the reform agenda is the planned repeal of Section 226 of the Penal Code, a colonial-era provision that has long criminalised attempted suicide.
At the heart of the reform agenda is the planned repeal of Section 226 of the Penal Code, a colonial-era provision that has long criminalised attempted suicide.
Under the law, survivors of suicide attempts could be arrested, prosecuted, and imprisoned — often at the very moment they required urgent medical and psychological support.
Human rights organisations, mental health professionals, and constitutional commissions have for years argued that punishing individuals in crisis violates the rights to dignity, equality, and healthcare guaranteed under Kenya’s Constitution.
Human rights organisations, mental health professionals, and constitutional commissions have for years argued that punishing individuals in crisis violates the rights to dignity, equality, and healthcare guaranteed under Kenya’s Constitution.
Their advocacy gained momentum following a landmark High Court ruling that declared the provision unconstitutional, describing it as cruel, discriminatory, and counterproductive.
The court’s decision placed pressure on Parliament to align the Penal Code with constitutional values and modern medical understanding.
The court’s decision placed pressure on Parliament to align the Penal Code with constitutional values and modern medical understanding.
In response, the Justice and Legal Affairs Committee of the National Assembly has confirmed that proposed amendments to the law have received broad bipartisan backing, reflecting growing consensus across the political divide.
According to the National Gender and Equality Commission (NGEC), the reforms mark a fundamental shift in how the State understands mental health.
According to the National Gender and Equality Commission (NGEC), the reforms mark a fundamental shift in how the State understands mental health.
Rather than viewing suicide attempts as moral failure or criminal behaviour, the new approach frames them as manifestations of psychological distress that require care, compassion, and intervention.
Beyond suicide law reform, lawmakers are also reviewing punitive provisions within narcotics and substance-use legislation.
Beyond suicide law reform, lawmakers are also reviewing punitive provisions within narcotics and substance-use legislation.
Currently, substance use is largely treated as a criminal issue, resulting in widespread arrests and incarceration.
Advocates argue that this approach has failed to curb addiction while placing immense strain on the prison system.
Civil society groups, supported by NGEC, are urging Parliament to prioritise rehabilitation, counselling, and community-based treatment programmes, particularly for young people who form the majority of those arrested on substance-related charges.
Civil society groups, supported by NGEC, are urging Parliament to prioritise rehabilitation, counselling, and community-based treatment programmes, particularly for young people who form the majority of those arrested on substance-related charges.
They argue that a health-focused response would be more effective in breaking cycles of addiction and social marginalisation.
However, experts caution that legal reform alone will not be enough. Decriminalisation, they say, must be matched with meaningful investment in mental health services.
However, experts caution that legal reform alone will not be enough. Decriminalisation, they say, must be matched with meaningful investment in mental health services.
Kenya currently faces a severe shortage of mental health professionals, treatment facilities, and funding — especially at the county level where most healthcare services are delivered.
Without accessible counselling, psychiatric care, and crisis-response systems, critics warn that vulnerable individuals may continue to fall through the cracks despite progressive legal changes.
Without accessible counselling, psychiatric care, and crisis-response systems, critics warn that vulnerable individuals may continue to fall through the cracks despite progressive legal changes.
Mental health advocates are therefore calling for increased budgetary allocation, workforce training, and integration of mental health services into primary healthcare.