Charity Muturi died last year branded a criminal condemned by the law for ending her own life, but a court has now declared her innocent.
The late Muturi put on a spirited fight against the criminalisation of suicide attempts, and although her life was cut short, her battle has sparked change.
Ms Muturi died by suicide on November 6, 2024, as the journey she started seeking the decriminalisation of attempted suicide continued in court.
She was a co-petitioner in a court case together with the Kenya National Commission on Human Rights (KNCHR) and the Kenya Psychiatric Association that sought a declaration that Section 226 of the Penal Code Cap63 of the Laws of Kenya that criminalised attempted suicide wholly unconstitutional.
She lived her life advocating for change in the law to help people struggling with suicidal ideation seek medical help instead of being taken through the criminal justice. She was not alone.
She won the battle although posthumously.
READ: Mental health: Why visits to faith healers, witches will end
While the court may have pronounced itself, Muturi still faces another struggle from beyond the grave. For many, especially in religious circles, suicide remains a sin, a final act leading to eternal damnation.
Her victory may be legal, but the social battle rages on. The fight to change hearts and minds continues.
The mental health champion’s own battle with suicidal thoughts began at age 14, and her diagnosis of Bipolar Disorder in 2015 only intensified her fight. Her story lays bare the deep stigma and misunderstanding surrounding mental health, where suicide has long been viewed through a moralistic, not medical lens.
Exactly two months after her death, Justice Lawrence Mugambi on January 9, 2025, delivered a judgement decriminalising attempted suicide in Kenya.
Justice Mugambi declared Section 226 of the Penal Code that criminalized attempted suicide unconstitutional.
Stay informed. Subscribe to our newsletter
Section 226 of the Penal Code, Cap 63 of the Laws of Kenya, states that any person who attempts suicide is guilty of a misdemeanour and that the punishment for the offence is imprisonment for up to two years, a fine, or both.
It also states that the minimum age for prosecution is eight years old.
In his ruling, Justice Mugambi declared that the provision violated Articles 27, 28 and 43 of the Constitution that guarantee people the right to the highest attainable standard of health, equality and non-discrimination based on health status and disability and the right to human dignity respectively.
Mugambi noted that the existence of Section 226 exposes the survivors of suicide and potential victims with suicide ideation to possible reprisals thereby eroding the right to have the highest attainable standard of health.
“Criminalising a mental health issue discriminates based on unconstitutional health. It also indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control,” ruled the judge.
In their petition, Ms Muturi, KNCHR and the Kenya Psychiatric Association argued that in Kenya and globally, undiagnosed and untreated mental health conditions as well as mental disabilities are the main driving factors for attempted suicide.
ALSO READ: Mental health experts call for decriminalisation of suicide
They put that criminalisation of attempted suicide amounted to punishment of persons with mental disabilities contrary to the provisions of Section 2 of the Persons with Disabilities Act and Articles 27 and 260 of the Constitution.
This as a result, contradicts the constitutional requirements that guarantee people the right to the highest attainable standard of healthcare under Article 43 of the Constitution and Section 4 of the Health Act, 2017.
In her argument in court, the late Muturi had told the court that the continued criminalisation of attempted suicide escalated stigma which in turn hindered persons with mental health disorders and struggling with suicidal ideation and thoughts from seeking the help they desperately needed.
She revealed that she struggled with suicidal thoughts from the age of 14 years and continued to experience high bouts of high energy followed by bouts of depression for over twenty years before he was diagnosed with bipolar disorder in 2015.
She also disclosed that she suffered in silence fearing that sharing the same would get arrested by police.
Muturi was also concerned that death by suicide was still shunned by the community at large, with religious leaders declining to perform burial rites for such individuals.
World Health Organisation (WHO) ranked Kenya as the sixth African country with the highest levels of depression with at least 1.9 million Kenyans diagnosed with depression.
For the family of the late Muturi, the ruling was a victory, particularly for the families that have people struggling with mental health issues.
Muturi’s younger brother Tom Muturi said they were intentionally to walk with her in the mental wellness journey, particularly after she was diagnosed with bipolar disorder 10 years ago.
“The ruling has a sad side of it because I wish she was here to see the victory but then it also gives us pride that the fruit of her advocacy worked,” said Tom.
He noted that the historic judgment will move suicide attempts from being a criminal issue to human rights and a health issue.
“Just like Muturi, the conservative nature of our African culture silenced people from sharing when battling suicidal thoughts because besides it being morally wrong, it was also a crime,” said Tom.
Dr Bernard Mogesa, who represented KNCHR in the matter, argued that the continued criminalisation of attempted suicide only increased stigma and trauma, ultimately denying vulnerable individuals the healthcare, psychological support, and family and community assistance they need.
He highlighted Kenya’s ratification of the United Nations Convention on the Rights of Persons with Disabilities, which obligates the country to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs, and practices that discriminate against persons with disabilities.
The commission also argued that the criminalisation of attempted suicide violated both the ratified African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Dr Boniface Chitayi, who represented the Kenya Psychiatric Association in the petition cited WHO statistics showing that suicide is the second leading cause of death among those aged 15-29 years and ranks among the top ten causes of death across all age groups.
He further noted that approximately 700,000 people die by suicide annually worldwide, and reports from police records in August 2021 revealed that 483 Kenyans had died by suicide in the previous three months.
“Decriminalising attempted suicide will increase access to mental healthcare, reduce stigma and discrimination, lessen the fear of seeking help, strengthen social support systems, and ultimately reduce deaths by suicide,” Dr Chitayi argued.
However, the judgement is the beginning of yet another journey to destigmatise mental health disorders in the community.
“Our prayer is those who battle with suicide ideation get support and even when someone passes from suicide, the family gets support. Because some are denied burial rites or buried in the cemetery and the stigma is even heavier for the family,” said Tom.
In his sentiments, Professor Lukoye Atwoli, the Deputy Director of the Brain and Mind Institute at Aga Khan University and Dean of the Medical College celebrated the court’s decision as a major victory for both mental health advocacy and the broader Kenyan population.
“Nobody is immune to mental health issues. Nobody is immune to experiencing suicidal thoughts at some point in their life. You want to be able to seek help without fear of criminalization. This decision is a great moment not just for the mental health community, but for everyone in Kenya,” said Lukoye.
He added, “For over ten years, the mental health fraternity in Kenya has been advocating for the repeal of the section of the Penal Code that criminalizes attempted suicide.”
The law, which threatened jail time or fines for those who attempted suicide, created an environment of fear and stigma that discouraged many from seeking help.
Professor Lukoye emphasised that those struggling with suicidal ideation were often reluctant to confide in others, fearing legal repercussions.
“Many people with suicidal ideation were not talking about it and the first time we were learning about it was when they were attempting to kill themselves or killing themselves.”
“So it is a matter of life and death for some people because when somebody has suicidal ideation when they talk about it to someone else, chances of completing the suicide are very low,” he said.
This, he added, has made access to care a critical challenge adding that insurance companies decline coverage for mental health treatments, citing the crime associated with suicide attempts.
“Declaring it unconstitutional and no longer a crime opens up the opportunity for people with suicidal ideation to seek help and not be discriminated against by insurers and other care providers,” he added.
Beyond legal hurdles, societal stigma around suicide attempts has been another deeply entrenched issue. Professor Lokoye highlighted how people with suicidal ideation and their families faced exclusion, further exacerbating their suffering.
“When somebody has these thoughts, even before they talk about it, they have self-stigma because the community treats badly people who attempt suicide.
“And even people who die by suicide, their bodies and ceremonies are treated very badly to just really make them look like bad people,” said Lukoye.
He also explained the psychological mechanics behind suicidal thoughts, explaining that those experiencing them often feel overwhelmed by feelings of worthlessness or hopelessness.
In some cases, mental health disorders such as depression, bipolar disorder, or schizophrenia can exacerbate suicidal tendencies.
“The human brain is wired to protect us from harm, including self-inflicted injury. But when someone goes past this instinct when they attempt suicide, they have reached a level of distress that has overpowered the brain’s protective mechanisms,” he explained.
“There are a whole variety of things that go through people’s minds when they start contemplating suicide, and the most important thing is that none of those things can be sorted out by a dad. None of those things can be sorted out by a police officer.”
For those at risk of suicide, early intervention is key.
According to Professor Lukoye, many people who attempt suicide have already sought medical attention for unrelated symptoms, such as headaches, but were never asked about their mental health. He advocates for a routine screening for suicidal thoughts in healthcare settings to ensure those at risk are identified and provided with the necessary care.
“The problem is that mental health is often overlooked in health facilities. We need a system where people are routinely screened for mental health issues, just like any other medical condition,” said the psychiatrist.
ALSO READ: Attempted suicide is no crime, group tells judge
Ultimately, the professor believes that decriminalising suicide attempts will not encourage people to kill themselves but will create a safer space for those suffering to seek support.
“Decriminalising does not go into the healthy population and tell people not to try to kill yourself. Instead, it goes into the group of people who have suicidal ideation already and who have not been speaking about it or seeking care and allows them to start speaking out and to get the help that they need,” he argued.
“There is evidence in the countries that have decriminalised suicide that there is no increase in suicide rates. But in the countries that have criminal legislation like ours, suicide rates are high or they have continued to rise despite having that legislation in place,” said Lukoye.
Looking ahead, Lukoye who petitioned the parliament through the Public Petitions Committee of the National Assembly, to repeal the Penal Code provision, is optimistic that the High Court ruling will pave the way for broader legislative changes.
“Now, it’s up to Parliament to repeal the penal code provision that criminalizes suicide attempts. The judiciary has already set a precedent. Now, Parliament must follow through to ensure that mental health care is accessible and free from the threat of criminalization.”
“It was expected that the committee would submit the report to the National Assembly within 90 days from September 2024. So I expect that when parliament resumes, they will debate it in light of the judgment,” Lukoye appealed.
For Muturi’s family, cultural stigma associated with suicide is a big barrier for those battling with suicidal ideation to get help.
“Although she eventually died by suicide, one thing we thank God for is that she did not succumb to it much earlier like it is the case for some people battling it. We gave her the support she needed and it made it bearable for her,” Tom said.
“Journeying with Charity was significant for me because it changed the typical mindset that people who think about suicide are selfish, that they need to be stronger and hold on longer which I would call a simplistic view. I learnt that suicide ideation is battling with your brain and we knew what to do when she was in those seasons,” Tom added.
Leave a Reply