Urgent reforms needed to address custodial deaths in Kenya

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    The rising number of deaths in Kenyan police custody has sparked serious concerns about Kenya’s dedication to protecting the right to life and safeguarding citizens from torture and cruel treatment. Despite constitutional protections in Articles 26 and 29, the country still reports disturbing cases of individuals dying under unclear situations while in state custody.

    Data from the Independent Medico-Legal Unit (IMLU) shows that 17 people died in police custody between 2024 and 2025. The causes of death included blunt-force trauma, asphyxiation, and suspected staged suicides. These cases highlight troubling gaps in accountability and medical response. Families of victims are often left without answers, as investigations tend to be slow or inconclusive.

    Kenya enacted the National Coroner Services Act in 2017 to ensure independent investigations into reportable deaths, but its implementation has been stalled. The lack of a Cabinet Secretary for Justice has created an important gap, leaving police and state pathologists who are part of the system being examined to conduct these investigations. This situation has damaged public trust and allowed impunity to continue.

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    To address these issues, IMLU, working with the International Rehabilitation Council for Torture Victims (IRCT), has started a three-day forensic training program for Kenyan pathologists and lawyers. This program, led by international experts, aims to apply global standards like the Istanbul Protocol and Minnesota Protocol to improve Kenya’s ability to document and investigate deaths in custody.

    IMLU and its partners are urging the immediate implementation of the Coroner Services Act, the establishment of an independent investigative agency, and complete transparency in dealing with custodial deaths. Ensuring justice for victims and their families is not just a legal dutyit’s a moral obligation and essential for police accountability reformsl in Kenya.

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