Families seeking answers over unexplained deaths could get a new avenue for investigations if a Bill before the National Assembly becomes law, with a proposed National Coroners Service set to examine deaths linked to suspected crimes, state custody and certain medical procedures.
The National Coroners Service Bill, 2026, proposes the creation of a specialised body that would investigate deaths considered reportable and carry out post-mortem examinations to establish the circumstances surrounding them.
The proposed service would have powers to look into deaths suspected to have resulted from criminal acts, including homicide and suicide, as well as sudden and unexpected deaths.
It would also take up cases involving people who die while under police, military, prison or other forms of state custody.
The Bill states: “The service shall undertake post-mortem 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.”
Under the proposed law, the service would be required to investigate every death that falls within the definition of a reportable death.
The Bill describes such deaths as those occurring in circumstances that require further examination, including where a person dies as a result of “an act of violence, an accident, a suspected homicide or suicide”.
A death that happens suddenly and without warning would also be classified as reportable and would therefore fall within the proposed system.
The Bill places particular attention on deaths involving people held by state authorities.
It provides that a death would be reportable where “the deceased person died in police custody, military custody, prison custody or other form of custody”.
This would mean deaths occurring while a person is detained by the police, military, prison authorities or another state institution would be formally brought under the proposed coroners system.
The issue of deaths in police custody has attracted attention, with the case of Albert Ojwang’ among the recent notable cases referred to in the statement.
Rights lobby IMLU recently said it had documented 20 deaths in police custody in the first eight months of 2026. According to the organisation, five of those who died had been beaten to death.
The proposed legislation would require authorities in charge of detention facilities to act immediately whenever they discover a person has died.
“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.”
The proposed National Coroners Service would then be expected to handle the notification and investigation process.
In cases involving deaths in custody, the service would also have to provide a copy of the notification to the Independent Policing Oversight Authority or any other relevant authority.
The Bill goes beyond deaths linked to suspected criminal activity and state detention, also listing a number of deaths associated with medical care as reportable.
A person who dies within 24 hours after undergoing a surgical procedure would fall under the proposed system.
The same would apply to a death that takes place during the administration of anaesthesia or immediately after it has been given.
The proposed law would also cover deaths occurring within 24 hours after a person has been discharged from a health facility.
Other deaths listed as reportable include maternal deaths, deaths involving victims of sexual offences and suspected cases of infanticide.
Through the proposed National Coroners Service, the Bill seeks to create a formal process for examining the circumstances behind deaths that occur in situations considered suspicious, sudden, unexpected or otherwise requiring further investigation.