The National Coroners Service Bill, 2026

Background

The National Coroners Service Bill, 2026 is introduced to establish a robust, independent legal framework for forensic medical science services in Kenya. By establishing the National Coroners Service, the Bill aims to streamline post-mortem investigations, ensure accountability for deaths in state custody, and assist the police in managing crime scenes and collecting forensic samples. This legislation repeals the existing National Coroners Service Act (Cap. 89) to replace it with a comprehensive administrative and governing structure.

Key Amendments

The Bill overhauls the forensic investigation framework in Kenya by repealing the National Coroners Service Act (Cap. 89) under Section 68 and introducing:

• Establishment of the National Coroners Service: Created as a body corporate with perpetual succession, tasked with conducting post-mortem investigations, advising the government on public health and administration of justice, and assisting police with scene management and forensic collection (Section 7 and 10).
• The National Coroners Service Council: A governing council consisting of a chairperson appointed by the President and members from medical, legal, and human rights bodies to oversee the policy and administration of the Service (Section 11).
• The Office of the Coroner-General: Establishing a competitively recruited head of the Service who must be a highly qualified pathologist with at least 15 years of medical practice and 5 years of experience in human pathology (Section 18).

New Obligations

The Bill introduces significant new reporting and operational duties:

• Notification of Reportable Deaths: Under Section 31, any person who suspects a death is a 'reportable death' (as detailed in Section 30) must immediately notify the Service or a police officer.
• Notification of Deaths in Custody: Police and detention officers must immediately notify the Service of any death occurring in police, military, prison, or other state custody (Section 32).
• Preservation of Death Scenes: Police officers present at the scene of a reportable death must secure and preserve the scene until the Service arrives (Section 34).
• Consent for Tissue Retention: Under Section 38, where tissue is removed during a post-mortem examination, the Service must ensure the relative or guardian has been informed of its extraction and retention.
• Permits for International Transfer of Bodies: Persons intending to transfer deceased bodies into or out of Kenya must apply to the Service for approval (Sections 50 and 51).

Penalties

The Bill prescribes stringent fines and custodial sentences to deter non-compliance and protect the integrity of investigations:

• Unlawful Influence: Attempting to unlawfully influence a Council member or the Coroner-General carries a fine of up to KSh 500,000 or imprisonment for up to 2 years for individuals (Section 9(2)-(3)), and a fine of KSh 2,000,000 for corporate bodies (Section 9(4)).
• Failure to Notify Deaths: Failing to report a reportable death attracts a fine of up to KSh 50,000 or up to 6 months' imprisonment (Section 31(5)).
• Harassment of Notifiers: Intimidating or harassing a person who reports a death is punishable by a fine of up to KSh 500,000 or up to 2 years' imprisonment for individuals (Section 31(6)), and KSh 2,000,000 for corporate bodies (Section 31(7)).
• Tampering with Scenes: Interfering with or tampering with evidence at a death scene carries a fine of up to KSh 500,000 or up to 2 years' imprisonment (Section 34(3)), rising to KSh 2,000,000 for corporations (Section 34(4)).
• Obstruction and False Statements: Obstructing the Service or making false statements attracts fines of up to KSh 200,000 and KSh 500,000 respectively for individuals, and KSh 2,000,000 for corporate bodies (Sections 57, 58, and 59).
• General Corporate Penalty: Any corporate body committing an offence under the Act for which no specific penalty is provided is liable to a fine of up to KSh 2,000,000 (Section 61(2)).