A new law could force the government to investigate all suspicious and unexplained deaths, including suspected killings, deaths in custody and fatalities linked to medical negligence.
The National Coroners Service Bill, 2026, seeks to establish a specialised service with powers to conduct postmortem investigations and examine the circumstances surrounding deaths classified as reportable.
Once enacted, it’d probe suspected homicide, suicide and sudden deaths, deaths in police and prison custody and fatalities following medical procedures.
“The service shall undertake postmortem investigations of all deaths suspected to be of a criminal nature, regardless of faith or other considerations that may require immediate disposal of the remains of the deceased person.”
The bill before the National Assembly further declares ‘the service shall investigate all reportable deaths’, defining a reportable death as one occurring in specified circumstances.
It will include where a person is reported to have died from ‘an act of violence, an accident, a suspected homicide or suicide’.
It also covers a person who suffers a ‘sudden and unexpected death’. Deaths occurring in police, military, prison or other forms of state custody would automatically fall under the new system.
The proposed law specifically provides that a reportable death includes one where ‘the deceased person died in police custody, military custody, prison custody or other form of custody’.
This would give the proposed National Coroners Service a formal role in investigating deaths involving people under state detention.
The police have been in the spotlight over deaths of individuals in custody, most recent notable case being that of Albert Ojwang’.
Rights lobby IMLU recently reported it documented 20 deaths in police custody in the first eight months of 2026, of which five of the victims were beaten to death.
To address the alarming cases, the bill seeks to provide that the officer in charge of a place of custody would be required to notify the service immediately after discovering a deceased person.
“Where a reportable death was a death that occurred in police custody, military custody, prison custody or any other form of custody, the officer in charge of the place of custody ... shall notify the service immediately after the officer discovers the deceased person.”
Where such deaths are investigated, the service would also be required to furnish a copy of the notification to the Independent Policing Oversight Authority or another relevant authority.
The proposed law classifies as reportable, deaths occurring within 24 hours of a surgical procedure, as well as those occurring during or immediately after administration of anaesthesia.
It also covers deaths within 24 hours of discharge from a health facility, maternal deaths, deaths of victims of sexual offences and suspected infanticide.
Deaths involving children would also receive special scrutiny, including deaths from suspected child abuse.
Deaths occurring in children’s institutions, education institutions, early childhood education centres, child care facilities or other facilities offering care or protection to children are also covered.
It provides for investigations where a person “is suspected to have died from misadventure, negligence, misconduct or malpractice.”
It would further cover deaths where a person had been treated for a disease by an unlicensed healthcare professional or by an individual not qualified to provide the treatment.
If enacted, members of the public and institutions would be under legal duty to report deaths that fall within the category.
“A person who suspects that the death of a person is a reportable death shall immediately notify the service or a police officer,” the bill reads.
Failure to make the required notification would be an offence punishable by a fine of up to Sh50,000, imprisonment for up to six months, or both.
The proposed law would also protect people who report suspicious deaths.
Anyone who intimidates, harasses or assaults a person making a notification would face a fine of up to Sh500,000, imprisonment for up to two years, or both.
For companies, the penalty would be a fine of up to Sh2 million. The bill also seeks to prevent interference with scenes where suspicious deaths occur.
A police officer or any person present when a death occurs, or who finds a body, would be required to preserve the scene until the coroners service arrives.
The proposed law states that such a person “shall ... preserve the scene where the death occurred, or where the body was found, until the service arrives at the scene.”
Police would additionally be required to collect evidence relevant to investigations and prosecution.
Tampering with evidence or interfering with a death scene would constitute an offence punishable by a fine of up to Sh500,000, imprisonment for up to two years, or both.
Companies found guilty of the offence would face a fine of up to Sh2 million.
The proposed National Coroners Service would also have powers to collect and preserve forensic samples for postmortem investigations.
The bill gives the service a strict timeline for completing investigations.
“The service shall conclude a postmortem investigation within three months from the date it became aware of the death or was notified of it.”
The proposed law would accelerate the reporting mechanism for criminal investigations with an interim report required in 24 hours.
A final and conclusive report would then have to be submitted within three months.
In case of death caused by medical negligence, the accused medical practitioner would not be allowed to undertake or assist in the postmortem examination.
The practitioner would, however, be entitled to representation during the examination. The service would be required to hire medical practitioners and other experts to conduct postmortems.
The service would assist police in handling cases involving bodies and crime scenes, provide expert evidence in inquiries and advise the government on public health and safety.
The bill provides for a National Coroners Service Council and a Coroner General to oversee the new institution.
It would also repeal the existing National Coroners Service Act, replacing it with the proposed legal framework.
INSTANT ANALYSIS
The proposed Coroners Service Bill could significantly strengthen accountability around suspicious deaths, particularly in police custody, healthcare and child-care settings. By mandating independent investigations, protecting whistleblowers and preserving evidence, it addresses longstanding accountability gaps. However, its impact will ultimately depend on genuine institutional independence, adequate resources and enforcement, especially where investigations implicate powerful state agencies or medical professionals.
