DECRIMINALISATION OF ATTEMPTED SUICIDE

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M

ental health is a topic that ought to have been discussed from the beginning of time however, it’s just of recent times that it has gained popularity. The topic has been linked with substance abuse as well as stresses that are brought about in life including but not limited to the rise in the economy (products or necessities commonly used by people), stresses at school and work, stresses in relationships as well as illnesses. This extensive topic has been tabled by so many organizations including the medical fraternity so as to understand such causes that affect individuals negatively as well as preventive and curative measures to curb its negative effects.

The issue of mental health is a great disaster in the nation and world-wide as it has in many ways affected the basic units of the society especially  where the providers and builders of the nation are affected. Considering the latest statistics, the youth (18-35 years) carry the greatest percentage of the population in the world; as well as the individuals highly affected and succumbing to the issue, mental health. Having realized such facts, it’s evident that nations face great danger both economically and socially as and if this issue is not heavily and seriously dealt with. It’s likely that economies will fall hard as there will be no or adequate and reliable human resource.

Though the government has put in place  governing policies to oversee such matters are dealt with as under the health docket as amongst other things that it has done, the idea of having such policies is not enough if the laws or policies are not effected or are not commensurate in dealing with the issue at hand. Some of the laws for example that have been put in place are more punitive that rehabilitative. The laws at various levels seems to play ‘a strike and defence’ something that tends to be contradictory with the main objectives. The law i.e. the Criminal Procedure Code for instance provides that if during trial or committal proceedings, the trial court has reason has reason to believe that an accused person is of unsound mind and consequently incapable of making a defence, the law requires the court to inquire into the fact of unsoundness and take reasonable steps where the accused is found to be mentally not fit to proceed in the process including prescribing the individual to a mental facility .

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The Constitution of Kenya goes ahead to define incapacity: Article 260, for instance describes disability as to include any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the community to have, a substantial or long term effects on an individual’s ability to carry out ordinary day to day activities.

Suicide is defined as an act of intentionally terminating one’s life (Dumais A, 2005). The nature and behavior of attempted suicide include; self- initiated, potentially injurious behavior and presence of intent to die. The idea or prospects defined or outlined above clearly indicate the nature of not being in the right state of mind as to be described as to be incapacitated or mentally unfit. The World Health Organization (WHO), provide that most individuals that contemplate, attempt suicide suffer from one or more psychopathologies. Several studies found a correlation between suicide attempters suffering from depression and high levels of impulsive and aggressive behaviors.

 

A research done by the United GMH, noted that almost 500 people had been reported to have died by suicide in the three months to June 2021 with the number rising as the time passed by. They also noted that the youngest person to take their lives as according to their data was a nine year old and the oldest being a seventy six year old. Issues that mainly contributed to such deaths included: loss of income, economic challenges, addictions, rejections and heartbreaks.

The idea of punishing attempted suicide as noted below:

‘’Section 226 of the Penal Code as read with Section 36 point attempted suicide as a misdemeanor punishable by two years’ imprisonment or a fine or with both’’

Clearly doesn’t cause an effective prevention of the said raise to such deaths but rather adds more to the pain and sufferance. The government and other supporting channels have a mandate to put in place workable and effective policies that allow and cause the realization and the curbing of such mental issues. The government also has a duty to distinguish between actions as against crimes and those that may require special attention including prescription to mental facilities for example. The government also has a mandate to ensure that the already put in place policies of affordability, availability and accessibility of health care services and civil education are met timely and effectively.

Decriminalization of the suicide attempts will enhance opportunities for individuals to seek and allow for medical interventions, thereby reducing the rates of the unwarranted deaths.

By Solomon Mithamo [Paralegal Student, KSL]