CRITICAL ANALYSIS OF SECTION 226 OF KENYA PENAL CODE: A CASE FOR URGENT REFORM

Abstract

Purpose: The aim of this paper was to critically analyze the provision of section 226 of Kenya penal code that provides for criminalization of suicide attempt.
 Methodology: The research paper was exploratory in nature and was based on secondary data. A number of research papers, journals and articles published in renowned websites are studied to build conceptual basis of decriminalization of attempted suicide in Kenya. Valuable insights about the suicide have been gathered from various websites.
 Results: The found that although decriminalizing suicide is important, it is not enough. The paper found that suicide is more of a health problem than a crime. It noted that modern day constitution framework in many countries including South Africa and Kenya have provided that every person right to the highest attainable health standard, including the right to healthcare services. This is thus an indication that suicide as mental health problem should be given the required attention.
 Unique contribution to theory, practice and policy: The government needs to move and put major efforts to enhance the overall mental health in the country including sufficient budget allocation. This will reduce the burden of suicide and mental health. Thus, there is a need for a comprehensive health program to reduce its incidence. Furthermore, the stigma attached with suicides will only recede if the government and the social sector take a proactive role in spreading anti‑suicide awareness.