State inaction on coroners law fuels impunity in police killings

High Court Judge Lawrence Mugambi during the hearing of petitions challenging the removal of Chief Justice Martha Koome and six Supreme Court judges at a Milimani Law Courts, Nairobi, on May 16, 2025. [Collins Kweyu, Standard]

The government's continued refusal to implement the National Coroners Service Act, passed in 2017, is significantly hindering investigations and prosecutions of police officers implicated in extrajudicial killings.

The latest effort to compel the government to operationalise the Act was a case filed in court by three petitioners two weeks ago, to pave the way for establishing an independent National Coroners Service, aims to investigate unnatural or unexplained deaths and ensure accountability.

Yet, eight years later, the law remains dormant. This delay persists despite mounting cases of police brutality, enforced disappearances, and deaths under mysterious circumstances.

A coroner, under the Act, is an independent professional tasked with investigating deaths caused by violence, misconduct, negligence, or foul play. They are authorised to gather forensic evidence, conduct post-mortems, and submit findings to the police and the Director of Public Prosecutions (DPP).

According to the petitioners, including John Wangai, Peter Agoro, and civil society group Operation Linda Jamii, the absence of such a service has left families in anguish, with many deaths going uninvestigated or covered up. Of the 727 cases of suspected extrajudicial killings recorded since 2007, only 26 have led to prosecution, with fewer than 10 resulting in convictions. "In the wake of the youth-led protests calling for accountability and transparency in government, it is worth noting that police officers were on the spot for using excessive force and wearing facemasks, making it difficult to identify them," the petitioners argued.

Currently, the few investigations conducted rely on public inquests under outdated provisions of the Criminal Procedure Code. These inquests have often failed due to witness intimidation or lack of evidence. In many counties, mortuary attendants and pathologists, lacking forensic expertise or oversight, are forced to make final calls on causes of death, often without conducting autopsies.

Human rights organisations argue that the lack of a coroner system breaches the right to life and dignity, creating a conflict of interest when police investigate cases in which they are implicated.

Legal scholar Professor Grace Mbote noted that Kenya has a history of enacting progressive laws but failing to implement them. "The law is a dead letter - it exists only on paper," she said.

Lawyer Gitobu Imanyara added that a country that does not investigate suspicious deaths effectively normalises impunity.

The Act mandates that coroners submit interim reports within 24 hours of notification of a death and a final report within seven days. These findings are admissible in court and may support prosecutions. If dissatisfied, individuals may seek a second opinion at their own expense.

In its latest Universal Periodic Review, the United Nations recommended that Kenya fully operationalise the Coroners Act. Countries including the UK, Australia, and Northern Ireland backed the recommendation, highlighting the urgent need for accountability and independent investigations into state-linked deaths.

Despite legal backing and international pressure, the lack of political will continues to stall progress.