NAIROBI, Kenya, Sep 10 – Under Kenyan Law, Chapter 63, section 226 of the Penal Code, “Any person who attempts to kill him or herself is guilty of a misdemeanor,” and as a result could possibly be sentenced to two years in prison, fined or even both if they are found guilty before a court of law.
It is this provision under law that medical experts have termed as counter-intuitive and counter-productive to medical-based intervention and solutions entitled to every Kenyan citizen under Article 43 (1a) of the Constitution.
According to the article, “every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care.”
When the COVID-19 pandemic ravaged the country back in March 2020, a domino-like chain event was ignited, changing the course of people’s life. To most, for the worst.
Thousands of people lost their jobs with companies, employers downsizing their staff while citing an economic turmoil that could not be contained at the time.
Thereon, economic hardships exacerbated by the coronavirus seemingly led to the eruption of psychological ailments that had remained dormant amongst a wide range of people.
When Paul, not his real name, lost his job back in 2020, the world appeared to be crumbling right before his eyes.
“I am a single father and before that point, I can admit things were going on smoothly, however when I received a call that my position had been rendered redundant, I simply could not believe it,” Paul said during an interview with Shahidi News.
What followed, was an unfortunate series of events even the most ‘prepared’ person could not anticipate. Paul’s father was admitted to hospital and a hefty medical bill followed. Though the National Health Insurance Fund (NHIF) catered to the immediate needs, the following weeks were literally hell on earth as Paul puts it.
“I was really in a tight spot, my father was fighting for his life and it seemed like there was nothing I could do for him. I am the firstborn in my family and the only one that could take care of him financially, plus my landlord was on my case and I had not settled rent for two months,so you can imagine the pressure I was under,” he said.
The pressure, he said, was too much to bear and though eventually relatives and friends came to his aide, he had already contemplated the worst.
“I pride myself in being very dependable and resolute in the way I live my life and take care of my family, but for a minute I was going to end my life and never even thought of what my actions would do to my father who was in the hospital or even the future of my two children,” he said.
Paul in a moment of weakens as he says, made the declaration that his time on this plain of existence had come to an end and proceeded to announce as much in a family WhatsApp group.
In retrospect, what he considered to be his lowest moment became his saving grace as relatives, friends quickly came to his rescue during his time of great need.
“I remember I had it figured out in my mind and when I shared that, I was not even thinking that people would come to my rescue, that was not my thinking. However many came to my home in the dead of night that day and pleaded with me to keep hope alive for the sake of my two children. I must admit it was tough but I thank God I made the right decision at the time, ” he said.
What followed was accepting that he had an issue that was troubling him, committing to change, and seeking instant help.
He was shortly after admitted to a private facility with on-the-clock supervision and within a few months, vowed to get his life on track albeit a daily struggle.
“It was not easy for me to admit what I was going through and perhaps still going through, however, I must say, speaking to people close to me really helped me and I think that is what others who have gone through what I have need to do. My doctors even told me that maybe this thing was pestering me for years and I had no idea. My support system also stuck by me through this period and I thank God for them,” Paul said.
Paul was eight months after losing his job back on his feet after he was helped by friends to secure a new job. His father was equally released from hospital and declared fit.
The Kenya Psychiatric Association (KPA) is now calling on the National Assembly to repeal section 226 of the penal code insisting that victims of suicidal thoughts require compassion and not punishment.
KPS president Dr. Chitayi Murabula, who spoke to Shahidi News said, it’s time Kenya joins progressive nations in repealing laws that criminalize suicide.
“We are calling on parliament to move with haste and repeal section 226 that has seen tens of suicidal suspects jailed in the country. We are also developing a policy to prevent suicide cases in the country and to protect and treat those suffering from this illness,” he said.
England, Finland, Netherlands, and India are among countries that deemed similar laws ‘defective’ as they championed mental support to vulnerable victims.
“Cases of suicide should be delinked from police and instead dealt with by health experts. We should repeal this law as it condemns some sick people to prison which is very unfair as they require medical attention,” said Professor Lukoye Atwoli, the chairman of the board of Mathari hospital.
The Directorate of Criminal Investigations (DCI) in July revealed that close to 500 people had ended their lives in alleged suicide cases within just three months in 2021.
In the tabulated report, Central Kenya lead with 181 cases followed by Rift Valley (68), Nyanza (67), Nairobi (63), Eastern (57), Western (29), Coast (14), and North Eastern (3).
Muranga County came second after Kiambu with 37 cases followed by Kisii (25), Kakamega (24), Nyeri (21), Kisumu (21), Embu (20) Uasin Gishu (18) while Nakuru, Makueni, and Bomet recorded 17 cases each.
Others were Kericho (16), Nyandarua (14), Machakos (14), Narok (9), Meru (6), Mombasa (5) Busia (4), Laikipia (4), Taita Taveta (3), Wajir (3), Homabay (2), and Kwale (2).
Lamu, Bungoma, Siaya, Nakuru, Trans Nzoia, and Tana River recorded one case each while the remaining counties did not record any case of suicide during the same period.
According to professor Atwoli, suicide cases in the country are not as high as have been reported.
“We have seen the media become more active in reporting these cases but there is no conclusive data to prove that they are on the rise as reported in some quarters,” he said further insisting that, “Anyone that contemplates taking their own life does not do that lightly and a person who is otherwise okay will not contemplate killing themselves…and so when a person thinks about taking their own life, we have to go back and think about the reasons behind it and most people who try to kill themselves have a mental illness or serious social or psychological distress that requires attention from mental health professionals,”
The doctors have also urged journalists reporting on the sensitive matter to be more responsible as revealing gory details for instance could have devastating effects on members of the public.
The presidential advisor on mental health Dr. Frank Njenga said that stigma associated with mental health issues has prevented Kenyans from seeking help as access to health facilities needs to be enhanced as he also called on legislators to repeal section 226 of the penal code that criminalizes suicide.
Meanwhile, the Ministry of Health is in the process of implementing the Kenya Mental Health Action Plan (2021-2025) to promote mental wellbeing among Kenyans having already set up the National Suicide Prevention Strategy and Programme (2021-2026).
According to the World Health Organization (WHO), more than 700,000 people die by suicide every year, which is one person every 40 seconds. Suicide is a global phenomenon and occurs throughout the lifespan.
“Effective and evidence-based interventions can be implemented at population, sub-population, and individual levels to prevent suicide and suicide attempts. There are indications that for each adult who died by suicide, there may have been more than 20 others attempting suicide,” said the global health organization.
Suicide is a global phenomenon; in fact, 77pc of suicides occurred in low- and middle-income countries in 2019.
Suicide accounted for 1.3pc of all deaths worldwide, making it the 17th leading cause of death in 2019.
With this year’s World Suicide Prevention Day theme being,” Creating Hope Through Action” it is the hope of Kenyans that they will receive timely medical interventions as the government continues to champion the rights of victims of mental health illnesses.
Additional Information by the World Health Organization (WHO).
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