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"id": 1463718,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1463718/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
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"content": "Hon. Members, I have a Petition to convey to the House. It is a Petition regarding decriminalisation of attempted suicide. Article 119 of the Constitution accords any person the right to petition Parliament to consider any matter within its authority. Further, Standing Order 225(2) (b) requires the Hon. Speaker to report to the House any Petition other than those presented by a Member. In this regard, I wish to report to the House that my office has received a Petition from Dr Lukoye Atwoli of Identification Card No. 1441XXX6, a citizen, Professor of Psychiatry and Dean at the Medical College of East Africa, the Aga Khan University who is calling for repeal of section 226 of the Penal Code on attempting suicide. The Petitioner states that Section 226 of the Penal Code (Cap 63 of the Laws of Kenya) states that “any person who attempts to kill himself is guilty of a misdemeanour.” Further, Section 36 provides for a general punishment for misdemeanours, and I quote, “when in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine, or with both.” The Petitioner holds that criminalising suicide attempts not only fails to address underlying mental health issues but also perpetuates stigma and shame surrounding mental illness. This is despite the provisions of Section 2 of the Mental Health Act (Cap 248) which defines and includes in its interpretation of a person with mental illness as a person with suicidal ideation or behaviour. Moreover, it inhibits accurate data collection and hinders suicide prevention efforts. The Petitioner clarifies that Kenya remains one of the few countries with such a legislation criminalising attempted suicide. He avers that many countries decriminalised attempted suicide allowing mentally ill patients access to the services they require. The Petitioner further states that the continued application of the provisions contradicts the provisions of Article 43 of the Constitution that “(1) every person has the right—to the highest attainable standard of health, which includes the right to healthcare services, including reproductive healthcare and; (2) a person shall not be denied emergency medical treatment.” The Petitioner concludes and holds that Section 226 of the Penal Code (Cap 63 of the Laws of Kenya) read together with Section 36 is unreasonable; and, potentially creates a barrier towards The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}