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The national human rights body has faulted the government over the arrest and arraignment of controversial preacher Paul Mackenzie’s followers, saying they should have been taken to mental hospital instead.

The Kenya National Commission on Human Rights said individuals who attempt to kill themselves suffer from mental illnesses and deserve to be taken for medical care instead of being arrested and charged in court of law.

As part of a radical proposal, KNCHR argued that Section 226 of the Penal Code of laws of Kenya that slap criminal liability on individuals who attempt to commit suicide should be amended to take care of such cases.

The Commission observed that the continued criminalization of attempted suicide has not and does not deter the practice, but instead exacerbates stigma against persons with mental health conditions, thus preventing them from reaching out and seeking help.

“The Commission reminds of the Government’s own policy commitments to decriminalize attempted suicide. Through Ministry of Health’s Mental Health Action Plan (2021-2025) and National Suicide Prevention Strategy (2021-2026) the repeal of Section 226 of the Penal Code which criminalizes attempted suicide remains a key intervention towards addressing mental health concerns and preventing suicide in the country,” said Commissioner Prof Marion Mutugi.

While calling for the withdrawal of any charges of attempted suicide against the survivors of the Shakahola tragedy, in her presentation before the Senator Danson Mungatana (Tana River) led committee, Prof Mutugi charged that fundamental human rights and freedoms have been violated in the Shakahola tragedy, which has claimed more than 330 lives so far.

“Science has confirmed that individuals who attempt to end their lives have mental illness. The same science has approved that a person of stable mind can never attempt to take their lives. Rather than prosecute, people with suicidal tendencies should be taken to medical care facilities. They need help,” said Mutugi.

Mutugi told the committee that the Human rights organization has been monitoring the activities and events at Shakahola, adding that there is immense trauma and vulnerabilities facing the Shakahola survivors and their families.