There's urgent need to operationalise the National Coroners Service Act

Aerial view of the Houses of the Parliament of Kenya. [File, Standard] Since the anti-Finance Bill protests began, several deaths have been alleged to have been caused by police officers. This issue of police killings during protests is not new in Kenya; it dates back to the first recorded protests against the arrest of freedom fighter Harry Thuku near Central Police Station in Nairobi way back in 1922. Unfortunately, police violence in the context of protests has continued unabated. Political protests, in particular, are notorious for instances of unlawful use of force and firearms. However, even non-political protests have not been immune to violence. A notable example is the February 2018 killing of Meru student leader Evans Njoroge. In the current wave of protests, police officers have been seen masked, hooded, and travelling in unmarked vehicles, which makes it difficult to identify them in cases of unlawful use of force. This was highlighted recently by the Director of Public Prosecutions (DPP), who stated that he could not prosecute some officers allegedly responsible for deaths and injuries due to a lack of evidence, particularly regarding identification. In 2017, Kenya enacted the National Coroners Service Act (NCSA), a critical piece of legislation aimed at protecting human dignity and ensuring police accountability. The NCSA established the Coroners Service in Kenya, tasked with investigating all violent, sudden, or suspicious deaths. Coroners also provide forensic medical science services to the police through corpse and scene management. The law mandates the exhumation of bodies upon court orders, requires mandatory reporting of deaths, and sets out procedures for investigations. Additionally, it empowers the Coroners Service to advise the government on policy issues. Other functions include issuing burial and cremation permits, waiving post-mortem requirements, and regulating the movement of bodies in and out of Kenya. The law requires police and prison officers to report any death occurring within a prison or police custody. These reports must be investigated, and findings submitted to the Independent Policing Oversight Authority. Officers present at the time of death or who discover a body must secure the scene until a coroner arrives. Tampering with evidence or obstructing a coroner in their duties is a criminal offence, punishable by up to two years in prison. Furthermore, individuals cooperating with the Coroners Service are granted legislative immunity from civil or criminal proceedings to ensure full disclosure of information, even against their superiors. Had the NCSA been fully implemented, many police-involved killings would likely be prosecutable, making cover-ups of the causes of death much more difficult. Unfortunately, despite the legislation being in place, it remains non-operational because the responsible ministry has not issued the necessary guidelines, rules, and regulations. For the Coroners Service to function, a secretariat must be formed, staff, including Coroners and the Coroner-General, must be appointed, and the National Coroners Council must be established. The National Assembly also needs to allocate funds for these purposes, but this cannot happen until the Executive fulfills its part of the process. The NCSA is vital for upholding the rule of law, and reforming the police force. It is imperative that this law be operationalised as soon as possible. Having legislation that cannot be implemented is futile and undermines the purpose for which it was passed. In conclusion, the continued delay in operationalising the NCSA contributes to ongoing issues of police brutality and lack of accountability. The government must prioritise the implementation of the NCSA to ensure justice for victims of police violence and to restore public trust in the police force. This law was enacted to serve a purpose, and it is high time it was put into action!

There's urgent need to operationalise the National Coroners Service Act

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There's urgent need to operationalise the National Coroners Service Act

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