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Thursday, November 6, 2025

IMLU CALLS FOR ACCOUNTABILITY AMID RISING CASES OF POLICE CUSTODIAL DEATHS



Kenya is witnessing a deeply troubling rise in deaths occurring in police custody, a stark
reflection of systemic failings in the country’s justice and accountability mechanisms. Between
2024 and 2025 alone, the Independent Medico-Legal Unit (IMLU) documented 17 cases of deaths in custody. These deaths were reported in police stations, remand facilities, and prisons across at least 10 counties, including Nairobi, Nakuru, Murang’a, Siaya, Mombasa, Kakamega, and Busia.


From the last gen z protests IMLU facilitated at least 80 autopsies,in the year 2025 and 
documented 59 deaths through forensics documentation and 17 custodial deaths.
Postmortem examinations conducted by IMLU’s network of forensic pathologists revealed
harrowing patterns of injury and neglect. Causes of death ranged from cardiorespiratory failure
and cardiogenic shock due to multiple injuries, suggesting physical assault, to asphyxiation and
hanging, in some cases pointing to possible staging of suicide.Others such as severe head injuries with brain contusions and subdural hematomas, indicate repeated blunt force trauma and lack of timely medical care.


Each of these deaths represents not only a personal tragedy but also a failure of the state to uphold its duty under Article 26 of the Constitution, the right to life, and Article 29, which protects every person from torture and cruel, inhuman, or degrading treatment,year after year, families are left without answers, investigations stall, and justice remains elusive.


 IMLU with support from the International Rehabilitation Council for Torture Victims (IRCT), has convened a three-day forensic training for pathologists and lawyers drawn from its national network. The workshop, facilitated by Prof. Dr. Djordje Alempijevic,former head of the Forensic Department at Belgrade University and member of the UN Subcommittee on Prevention of Torture, and Prof. James Lin, Istanbul Protocol Programme Coordinator at IRCT, seeks to strengthen the capacity of Kenyan experts in forensic documentation, investigation, and reporting of torture and deaths in custody.


Forensic documentation is the cornerstone of accountability, it transforms pain into proof and
evidence into justice. It ensures that deaths in custody are not dismissed as “natural” or
“unexplained,” but are investigated using internationally recognized standards such as the
Istanbul Protocol, for investigating and documenting torture, and the Minnesota Protocol for investigating unlawful deaths.


Despite the existence of the National Coroner Services Act (2017) which mandates the
establishment of an independent agency to investigate unclear or reportable deaths, its
operationalization has been delayed due to administrative gaps, notably the absence of a Cabinet Secretary for Justice as stipulated in the law. This has left investigations under the jurisdiction of police and state pathologists, undermining impartiality and perpetuating impunity.


IMLU together with the Police Reforms Working Group–Kenya (PRWG-K) and the Department
of Justice, continues to advocate for the urgent amendment and operationalization of this Act. A
functioning coroner system would ensure that every death in custody is independently
investigated, that families receive timely information, and that perpetrators are held accountable.

IMLU remains steadfast in its mission to prevent and respond to torture and related violations.
By strengthening the capacity of pathologists, lawyers, and justice actors in forensic
documentation, Kenya moves closer to a future where accountability is not an afterthought, but
a standard, where every life lost in state custody is treated not as a statistic, but as a call to action
for justice and reform.

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