Is attempting suicide still a crime in Kenya?
Penal Code; High Court of Kenya · sources read 4 Oct 2026
No. In January 2025 the High Court declared section 226 of the Penal Code, which made attempting suicide a misdemeanour, unconstitutional. If you or someone you know is struggling, you have a right to health care and cannot be denied emergency treatment.
- Where
- Any hospital or health centre for care; see our mental health help page for services.
Steps
- Go to the nearest hospital or health centre. No one can be denied emergency medical treatment.
- Ask for mental health care and counselling. Health care services are your constitutional right. Our mental health help page lists where to go.
Watch out
- Under the Mental Health (Amendment) Act, a person with suicidal thoughts or behaviour is treated as a person with a mental illness, which means care, not punishment.
- Copies of the Penal Code, including the latest one on Kenya Law (dated 11 December 2023), still print section 226, because they were consolidated before the 2025 judgment. The court's declaration is what counts.
Who this covers
- Every person has the right to the highest attainable standard of health, including health care services.
Official sources (3)
- Kenya National Commission on Human Rights & 2 others v Attorney General; DPP & 3 others, Constitutional Petition E045 of 2022 (High Court, L N Mugambi J, 9 January 2025) new.kenyalaw.org · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Penal Code (Cap. 63) new.kenyalaw.org · read 4 Oct 2026