The National Coroners Service (Amendment) Bill, 2026

Background

The National Coroners Service (Amendment) Bill, 2026 seeks to restructure the leadership qualifications for the National Coroners Service. Under the current Principal Act, the Coroner-General must be a medical practitioner specializing in human pathology and licensed under the Medical Practitioners and Dentists Act (Cap. 253). This amendment acknowledges that while the Service oversees forensic pathology, the function of the Coroner-General is inherently judicial. The office holder is responsible for receiving evidence, determining the identity of deceased persons, establishing the cause of death, and rendering findings that may lead to criminal prosecutions or civil liability.

Key Amendments

Amendment of Section 10 of the National Coroners Service Act

The bill deletes the existing Section 10 and replaces it with a new set of qualifications for the Coroner-General.

Under the proposed section, a person qualifies for appointment if they:

• Are a citizen of Kenya;
• Hold a degree in law from a university recognized in Kenya;
• Are admitted to the roll of advocates under the Advocates Act (Cap. 16);
• Have at least ten years of experience practicing as an advocate in Kenya;
• Have at least five years of experience in management; and
• Hold a valid practicing certificate issued under the Advocates Act.

This removes the current requirements of holding a degree in medicine, specializing in human pathology for five years, and holding a certificate under the Medical Practitioners and Dentists Act (Cap. 253).

New Obligations

Evaluation of Forensic Evidence

Under the new legal framework, the Coroner-General is obligated to evaluate medical and forensic evidence provided by pathologists. The Coroner-General will interpret the totality of the evidence to render legal determinations regarding the cause and manner of death, rather than performing medical procedures or autopsies directly.