What must happen if someone dies in police custody or is shot by police
National Police Service Act and National Coroners Service Act · sources read 5 Oct 2026
If someone dies in police custody, the officer in charge must report the death to the Coroner within six hours and notify IPOA, which investigates. Any death or serious injury caused by police force or a police firearm must be reported to IPOA, the scene secured, and the family told as soon as reasonably practical.
- Deadline
- Death in custody: reported to the Coroner immediately, and not later than six hours after the death.
- Deadline
- Death or serious injury from police action: reported to IPOA immediately and confirmed in writing within 24 hours.
- Deadline
- The family (next of kin, a relative or friend) must be told of the death or injury as soon as reasonably practical.
- Where
- IPOA (toll free 1559, complaints@ipoa.go.ke), a police station, or the Ombudsman
Steps
- Report the death or injury to the Independent Policing Oversight Authority (IPOA): call 1559 toll free or +254 792 532 626, email complaints@ipoa.go.ke, or write to P.O. Box 23035-00100 Nairobi.
- Give IPOA your name and contacts, what happened, the officer's name if you know it, witnesses and any evidence.
- You can also make the complaint at a police station or to the Ombudsman (Commission on Administrative Justice).
Watch out
- IPOA, not the police station, investigates: the officer in charge must notify IPOA whenever a detained person dies in custody, and any death or serious injury caused by police force or firearms goes to IPOA too.
- The reporting officer must secure the scene for investigation and must not tamper with or damage evidence from it.
- A report to the Coroner can come later than six hours only in exceptional circumstances, and then the officer in charge must give written reasons for the delay.
- Deaths in police or military custody fall within the National Coroners Service's power to investigate the cause of death.
- When a coroner investigates a death in police or prison custody, the coroner must send IPOA (or another relevant authority) a copy of the report.
Who this covers
- Anyone who dies in police custody, military custody or any other form of custody.
- Anyone killed or seriously injured in police custody, under police control, or as a result of police action or inaction, including bystanders during a police operation.
- Deaths or serious injuries from any police use of force, including firearms.
Official sources (4)
- National Police Service Act, No. 11A of 2011 (Revised Edition 2017) nationalpolice.go.ke · read 3 Oct 2026
- National Coroners Service Act (Cap. 89, No. 18 of 2017), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026
- IPOA Complaints Management ipoa.go.ke · read 3 Oct 2026
- National Police Service Act (Cap. 84), version of 15 September 2023 new.kenyalaw.org · read 5 Oct 2026