National Coroners Service Act

Section 1. Short title Section This Act may be cited as the National Coroners Service Act.

Section 2. Interpretation Section a spouse, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister;

Section 3. Objects of the Act Section provide for the establishment of the National Coroners Service and appointment of coronial officers;

Section 4. Guiding Principles Section In the exercise of the powers and performance of functions under this Act, the Coroner-General, coroners or any other person charged with a responsibility under this Act shall respect and uphold the values and principles enshrined in the Constitution.

Section 5. Relationship with other laws Section 5(1)(a) a police officer or any other person investigating a death under any other written law; or Section 5(1)(b) a police officer in discharging his duty as a police officer other than an investigation under this Act. Section 5(2) The operation of this Act shall be subject to the provisions of the Commissions of Inquiry Act (Cap. 102).

Section 6. Establishment and composition of the Service Section 6(1) There is established a Service to be known as the National Coroners Service. Section 6(2)(a) suing and being sued; Section 6(2)(b) acquiring, holding, charging and disposing movable and immovable property; and Section 6(2)(c) doing or performing all such other things or acts for the proper discharge of its functions under this Act or any written law, as may lawfully be done or performed by a body corporate. Section 6(3)(a) the Coroner-General appointed under section 9 (1); Section 6(3)(b) coroners appointed under section 9 (2); Section 6(3)(c) such other officers and members of the Service as may be appointed pursuant to the provisions of section 15 .

Section 7. Access to services Section 7(1) The Headquarters of the Service shall be in Nairobi. Section 7(2) The Service shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service.

Section 8. Independence of the Service Section 8(1) In the discharge of its functions and exercise of the powers under this Act or any other written law, the Service shall be independent and free from any interference. Section 8(2)(a) influences or attempts to influence a decision of the Coroner-General or member of the Service; Section 8(2)(b) interferes with the exercise of powers or the performance of a function under this Act, commits an offence.

Section 9. Appointment of Coroner-General and coroners Section 9(1) There shall be a Coroner-General of the Service who shall be competitively appointed by the Cabinet Secretary, on the recommendation of the Public Service Commission. Section 9(2) For the proper discharge of the functions of the Coroner-General under this Act, there shall be competitively recruited by the Public Service Commission such number of coroners who shall assist the Coroner-General in the performance of the functions of the Coroner-General within their areas of jurisdiction.

Section 10. Qualifications for appointment as Coroner-General Section is a citizen of Kenya;

Section 11. Term of service of the Coroner-General Section 11(1) The Coroner-General shall serve for a term of five years which shall be renewable once. Section 11(2) The terms of service of the Coroner-General shall be determined by the Cabinet Secretary upon advice by the Salaries and Remuneration Commission.

Section 12. Removal from office Section 12(1)(a) violation of the Constitution; Section 12(1)(b) inability to perform the function of the office; Section 12(1)(c) gross misconduct and misbehavior; Section 12(1)(d) incompetence; or Section 12(1)(e) any other justifiable cause as may be set out in the contract of employment. Section 12(2) Where the question for removal from office of the Coroner-General arises, the Cabinet Secretary shall inform the Coroner-General in writing and authorize the Public Service Commission to investigate the matter and report to him or her with recommendations on the appropriate action to be taken. Section 12(3) The Public Service Commission shall expeditiously hear and determine the matter and recommend the appropriate action to be taken by the Cabinet Secretary.

Section 13. Vacancy Section dies;

Section 14. Structure of the Service Section 14(1) The Coroner-General, in consultation with the Public Service Commission shall determine the structure of the Service. Section 14(2)(a) the nature of services rendered by the Service; Section 14(2)(b) the necessity to employ other professionals and expertise in the Service for proper discharge of the functions of the Coroner-General under the Act and other written laws.

Section 15. Officers and other staff of the Service Section 15(1) The Public Service Commission shall appoint such number of coroners and other staff of the Service as shall be necessary for the proper and efficient discharge of the functions of the Service. Section 15(2) The terms and condition of service of coroners and staff of the Service shall be determined by the Cabinet Secretary on advice of the Salaries and Remuneration Commission.

Section 16. Professional code of conduct. Section 16(1) The Cabinet Secretary in consultation with the Coroner-General shall develop and maintain a code of conduct to regulate the affairs and conduct of the members of the Service. Section 16(2) The Public Officer Ethics Act (Cap. 185B) and any other law regulating the conduct of public officers shall, with necessary modifications, apply to members of the Service. Section 16(3) In developing the code of conduct referred to under subsection (1), the Cabinet Secretary and the Coroner-General shall consult other State organs and departments responsible for ethics and professional ethics relevant to the Service.

Section 17. Scheme of Service Section The Public Service Commission shall prescribe a Scheme of Service for the coroners and other members of the Service.

Section 18. Continuous training of member of the Service Section The Cabinet Secretary in consultation with the Coroner-General shall ensure continuous training of coroners and other members of the Service.

Section 19. Functions of Coroner-General Section co-ordinate the services throughout the country;

Section 20. Functions of coroners Section A Coroner shall be the administrative head of coronial services in the County in respect of which he or she is appointed, and shall, subject to the control and directions of the Coroner-General, be responsible for the investigations into the reportable deaths which occur or are reported within the County.

Section 21. Delegation by the Coroner-General Section 21(1) The Coroner-General may delegate in writing, to any officer, member of staff or agent of the Service, the exercise of any of the powers or the performance of any of the functions or duties of the Service under this Act. Section 21(2) A delegation under subsection (1) shall not prevent the Coroner-General from exercising the power in question. Section 21(3)(a) shall be subject to any conditions as the Coroner-General may impose; Section 21(3)(b) shall not divest the Coroner-General of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 21(3)(c) may be withdrawn and any decision made by the person to whom the delegation is made, withdrawn or varied by the Coroner-General.

Section 22. Powers of the Coroner Section 22(1)(a) burial permits; Section 22(1)(b) cremation permits; Section 22(1)(c) waivers of post-mortem; Section 22(1)(d) post-mortem permits; and Section 22(1)(e) authority to move dead bodies into or out of Kenya. Section 22(2) The Cabinet Secretary shall make regulations to give full effect to this section. Section 22(3) In making the regulations referred to under subsection (2), the Cabinet Secretary shall have due regard to other laws in force regulating the issue of registration of and issuance of permits referred to under subsection (1).

Section 23. General responsibility of a coroner Section so far as it is consistent with justice and practicable to do so, perform or exercise his or her functions, powers, and duties without delay;

Section 24. Obligation to report certain deaths Section 24(1)(a) violence; Section 24(1)(a)(i) violence; Section 24(1)(a)(ii) misadventure; Section 24(1)(a)(iii) negligence; Section 24(1)(a)(iv) misconduct; or Section 24(1)(a)(v) malpractice; Section 24(1)(b) by unfair means; Section 24(1)(c) during pregnancy or following pregnancy in circumstances that might reasonably be attributable thereto; Section 24(1)(d) suddenly and unexpectedly; Section 24(1)(e) from disease or sickness for which he or she was not treated by a legally qualified medical practitioner; Section 24(1)(f) from any cause other than disease; or Section 24(1)(g) under such circumstances as may require investigation, Section 24(2) Where a police officer is notified under subsection (1), the police officer shall immediately notify the coroner of such facts and circumstances.

Section 25. Report of deaths in custody Section 25(1)(a) immediately report the death to the Coroner; and Section 25(1)(b) make such report as soon as possible but not later than six hours after the death. Section 25(2) In exceptional circumstances and where it is not practically possible to report within the period specified in subsection (1) (b), the officer in charge of the station or the premises where the deceased was held in custody shall, in addition to reporting the death, issue a written report stating the reasons for delay in reporting the death. Section 25(3) Where a coroner investigates a death occurring in police custody or prison custody, the coroner shall furnish a copy of the report to the Independent Policing Oversight Authority or any other relevant authority.

Section 26. Mandatory reporting of all deaths Section The Coroner-General shall undertake full medical investigations of all deaths suspected to be of criminal nature, regardless of faith or other considerations that may require immediate disposal of bodies.

Section 27. Procedure where death is found to be due to an act amounting to an offence Section Where a coroner finds that the death of the deceased person was occasioned by an act which amounts to an offence under any law in force in Kenya, the Coroner shall immediately after the investigation, and in accordance with this Act, forward a copy of the investigation report, together with the names and addresses of any witnesses, to the Director of Public Prosecutions and Inspector-General of Police.

Section 28. Deaths to be investigated by the Service Section the deceased person is reported to have died of a violent or an unnatural death;

Section 29. Collection of forensic evidence, etc Section For purposes of investigations under this Act, a coroner shall have the power to collect forensic and other evidence and to preserve it in such manner as the Coroner-General may from time to time specify.

Section 30. Purpose of investigation and matters to be ascertained Section particulars of the deceased;

Section 31. Conduct of investigations Section becomes aware of the death of any person to which this Act applies; or

Section 32. Reports by the Coroners on investigations carried out Section 32(1) A coroner shall make a report of every investigation conducted under this Act. Section 32(2) The report referred to under subsection (1) shall be issued to relevant authorities and interested persons as soon as the report is concluded. Section 32(3) The Coroner shall submit the report of his or her investigations not later than seven days from the date the report was made. Section 32(4) For purposes of criminal investigation and subsequent prosecution of an offence under any written law, the Coroner shall submit an interim report to the National Police Service and the Director of Public Prosecutions or any other relevant Authority within twenty-four hours of notification of a death under this Act. Section 32(5) The Coroner shall submit to the Director of Public Prosecutions or the National Police Service as the case may be, a final and conclusive report of the cause of death investigated under this Act within seven days.

Section 33. Particulars of an investigation report Section 33(1)(a) where, when and by whom the investigation was conducted; Section 33(1)(b) who the deceased person was; Section 33(1)(c) where the body of the deceased lies; Section 33(1)(d) where, when and by what means the deceased person met his death; Section 33(1)(e) identification of issues in relation to preventive measures that can be undertaken by the authorities; Section 33(1)(f) any other matter that the Coroner deems necessary. Section 33(2) lf the name of the deceased is unknown, the body may be described based on the bodily features. Section 33(3) No investigation report shall be quashed for any technical defect or for want of form.

Section 34. Reportprima facieevidence Section 34(1) For purposes of investigation, prosecution and hearing of a matter before court, a report made by the Coroner under this Act with regard to cause of death shall be deemed as prima facie evidence and recognizable as such. Section 34(2) Subsection (1) does not preclude a person who is dissatisfied with the findings of the Coroner under this Act from seeking second or other opinion on the cause of death.

Section 35. Second opinion Section 35(1) Any person dissatisfied or who disagrees with the report or finding of the Coroner under this Act may, at his or her own cost, seek second or other opinion from other qualified officers. Section 35(2) Where a second or other opinions are sought under subsection (1), the Coroner may attend or send his or her representative to be present during the investigation. Section 35(3)(a) a framework within which repeat post-mortems may be called; Section 35(3)(b) the implications of the second or other opinions sought; Section 35(3)(c) the process to challenge the decision of the Coroner with regard to his or her decision on reportable deaths; Section 35(3)(d) the person who may be present during the examination; and Section 35(3)(e) the format and process of lodging a complaint in relation to a complaint arising from a report of and conduct of investigations by the Coroner.

Section 36. Power to hold investigation on a body within local limits Section Whenever an investigation ought to be conducted on any dead body lying within the local limits of the jurisdiction of any Coroner, the Coroner shall conduct such investigation, whether or not the cause of death arose within that jurisdiction.

Section 37. Place of investigation Section Upon the notice to the Coroner of the death or discovery of a dead body, an investigation may be conducted either in the territory of the Coroner in whose jurisdiction the body was found or where the death took place.

Section 38. Coroner to be sent for when prisoner dies Section 38(1)(a) the officer in charge of the prison; or Section 38(1)(b) the Officer Commanding a police station, Section 38(2) A Coroner who is informed of the death under subsection (1) shall investigate into the death and prepare an investigation report.

Section 39. Preservation and management of scene of crime Section 39(1) A police officer or any person who is present at the time of death or who finds a dead body, shall in addition to reporting the death under this Act or any other written law, preserve the scene of crime until the Coroner or a member of the Service presents himself or herself at the scene. Section 39(2) In addition to securing and preserving the scene under subsection (1), a police officer shall collect evidence necessary and relevant for purposes of investigation of an offence and prosecution of the matter. Section 39(3) A person who interferes with or tampers with evidence or the scene of crime, commits an offence.

Section 40. Preservation and movement of dead bodies Section 40(1) The Cabinet Secretary in consultation with the Coroner-General shall make regulations generally to regulate and provide for rules and procedures for preservation of bodies and movement of bodies. Section 40(2) The regulations made under subsection (1) shall recognize the dignity of dead body and cultural beliefs of the deceased where the same is known by the Coroner or member of the Service.

Section 41. Transferring body to mortuary Section 41(1)(a) a coroner; or Section 41(1)(b) a police officer. Section 41(2)(a) any direction of the Coroner or police officer; or Section 41(2)(b) the dignity and respect to be accorded to persons who are at a place from which a body is to be taken, and their cultural traditions or spiritual beliefs; and Section 41(2)(b)(i) the dignity and respect to be accorded to persons who are at a place from which a body is to be taken, and their cultural traditions or spiritual beliefs; and Section 41(2)(b)(ii) the way in which bodies are to be taken to a mortuary.

Section 42. Designation of temporary holding of the body Section 42(1) In compelling or exceptional circumstances, the Coroner may designate the temporary holding of the body. Section 42(2) The Cabinet Secretary in consultation with the Coroner-General shall make regulations to give full effect to this section.

Section 43. Power to conduct post-mortem Section 43(1) If a coroner is of the opinion that it is appropriate and essential to ascertain the circumstances and the nature of death, the coroner may conduct a post-mortem on the body. Section 43(2) A coroner may hire a suitably qualified practitioner, qualified medical practitioner, medical provider or any other expert to conduct a post-mortem examination of a body. Section 43(3) The services of a suitably qualified person referred to under subsection (2) shall be in accordance with prescribed procedures and the public procurement laws. Section 43(4)(a) is a registered medical practitioner with relevant qualification and experience in human pathology; or Section 43(4)(b) in a case where a particular kind of examination is requested, a practitioner of a description designated by the Coroner-General as suitable to make examinations of that kind. Section 43(5)(a) must not make, or assist at, an examination of the body under this section; and Section 43(5)(b) is entitled to be represented at such an examination. Section 43(6) A person who conducts a post-mortem examination under this section must as soon as practicable report the result of...

Section 44. Exhuming body or recovering cremated remains Section 44(1) This section applies if, after a body is buried or cremated, the Coroner-General forms the belief that the death was a reportable death. Section 44(2)(a) if the body was buried, to be exhumed; or Section 44(2)(b) if the body was cremated and the cremated remains may be recovered, the cremated remains to be recovered. Section 44(3)(a) the person in charge of the place where the body is, or the cremated remains are; and Section 44(3)(b) any person who the Coroner considers has a sufficient interest in the autopsy. Section 44(4)(a) after taking all reasonable steps, the Coroner cannot contact a person mentioned in subsection (3); or Section 44(4)(b) the Coroner considers it is not, in the circumstances, in the public interest to notify a person mentioned in subsection (3). Section 44(5) If a person has raised a concern in relation to the order being made but after discussing the matter with the person, the Coroner considers it is in the public interest for the order to be made, the court shall make the order and give a copy of it to the person. Section 44(6) The order authorizes a police officer to enter the place...

Section 45. Observing an autopsy Section 45(1) The Coroner, or a police officer who is investigating a death under this or another Act, is entitled to observe and participate in the autopsy. Section 45(2) If the Coroner considers it appropriate, a person may observe and participate in an autopsy for his or her vocational or clinical education or training with the consent of the doctor who is conducting the autopsy. Section 45(3)(a) the person has a sufficient interest in the autopsy; Section 45(3)(b) the attendance of the person, or the person's representative, at the autopsy would not compromise the integrity of the coronial investigation or any other investigation into the death; and Section 45(3)(c) the attendance of the person, or the person’s representative, at the autopsy is otherwise appropriate. Section 45(4)(a) a family member of the deceased person; Section 45(4)(a)(i) a family member of the deceased person; Section 45(4)(a)(ii) the doctor who is to conduct the autopsy; and Section 45(4)(b) may consult with, and consider the views of, anyone else the Coroner considers appropriate. Section 45(5) If the Coroner allows a person to observe an autopsy under subsection (3), the...

Section 46. Autopsy reports Section 46(1)(a) prepare an autopsy report; and Section 46(1)(b) give the report to the Coroner. Section 46(2) If an investigating police officer asks for a copy of the autopsy report, or a copy of a test report, the doctor who conducted the autopsy or the person who did the test must give a copy of the report to the police officer.

Section 47. Removing tissue for autopsy testing Section 47(1) This section applies if during an autopsy of a body, the doctor conducting the autopsy removes tissue from the body for testing. Section 47(2) lf prescribed tissue is removed, the doctor must inform the Coroner before the Coroner orders the body's release. Section 47(3) The Coroner, knowing that the tissue has been removed, may nevertheless order the release of the body. Section 47(4)(a) if practicable, a family member of the deceased person has been informed of the removal of the prescribed tissue; and Section 47(4)(b) the retention of the prescribed tissue is necessary for the investigation of the death, despite any concerns raised with the Coroner about the retention of the prescribed tissue. Section 47(5) If the Coroner is not satisfied as mentioned in subsection (4), the Coroner must order the doctor to return the prescribed tissue to the body before the body is released. Section 47(6)(a) the investigation of the death; or Section 47(6)(a)(i) the investigation of the death; or Section 47(6)(a)(ii) proceedings for an offence relating to the death; or Section 47(6)(b) may be disposed of. Section 47(7) Specimen tissue...

Section 48. Permit for disposal Section When the investigations are closed, or before, if it be necessary, the Coroner shall give a permit for the disposal of the body on which the investigation has been conducted.

Section 49. Authorizing burial of body, etc Section 49(1)(a) prepare a human body for burial; or Section 49(1)(b) bury a human body; or Section 49(1)(c) take a human body out of Kenya, Section 49(2)(a) a certificate of the cause of death under the Births and Deaths Registration Act (Cap. 149) has been issued with the Coroner's consent; or Section 49(2)(a)(i) a certificate of the cause of death under the Births and Deaths Registration Act (Cap. 149) has been issued with the Coroner's consent; or Section 49(2)(a)(ii) the Coroner has ordered the release of the body under this Act; or Section 49(2)(b) for a death investigated outside Kenya by a non- Kenyan coroner, a non-Kenyan coroner's release certificate has been issued; or Section 49(2)(c) otherwise, a cause of death certificate has been issued. Section 49(3)(a) part of a human body taken during an autopsy under section 47 ; Section 49(3)(b) part of a human body taken during a medical procedure; Section 49(3)(c) part of a human body taken during a medical procedure; Section 49(3)(d) indigenous burial remains; or Section 49(3)(e) the taking of a human body to any type of mortuary.

Section 50. Notifying registrar when body is released and investigation ends Section 50(1) When a coroner orders the release of a deceased person’s body for burial, or to another jurisdiction, under this Act, the Coroner shall give a copy of the order to the registrar under the Births and Deaths Registration Act (Cap. 149). Section 50(2)(a) who the deceased person was; Section 50(2)(b) when the person died; Section 50(2)(c) where the person died, and in particular whether the person died in Kenya; Section 50(2)(d) what caused the person to die; Section 50(2)(e) the date of the Coroner's findings; and Section 50(2)(f) whether or not an inquest has been held into the death, and if an inquest has been held, the date and place of the inquest.