National Coroners Service Act

Short title: This Act may be cited as the National Coroners Service Act.

Defines a list of relatives: "a spouse, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister;"

Provides for the establishment of the National Coroners Service and for the appointment of coronial officers.

The Coroner-General, coroners and any person charged under this Act must respect and uphold the values and principles enshrined in the Constitution.

Section 5(1) identifies persons (a police officer or any other person) investigating a death under another written law, and a police officer discharging duties other than an investigation under this Act; Section 5(2) makes the operation of this Act subject to the Commissions of Inquiry Act (Cap. 102).

is a citizen of Kenya

The Coroner-General serves a five-year term renewable once; the Cabinet Secretary determines the terms of service upon advice of the Salaries and Remuneration Commission.

Section 12. Removal from office Section 12(1)(a) violation of the Constitution; Section 12(1)(b) inability to perform the function of the office; Section 12(1)(c) gross misconduct and misbehavior; Section 12(1)(d) incompetence; or Section

Section 13 states: "Vacancy Section dies;"

The Coroner-General, in consultation with the Public Service Commission, shall determine the structure of the Service.

The Public Service Commission must appoint the number of coroners and other staff needed for the Service to discharge its functions efficiently; the Cabinet Secretary must determine their terms and conditions of service on the advice of the Salaries and Remuneration Commission.

The Cabinet Secretary, consulting the Coroner‑General, must develop and maintain a code of conduct for members of the Service.

The Public Service Commission must prescribe a Scheme of Service for coroners and other members of the Service.

The Cabinet Secretary, in consultation with the Coroner-General, must ensure continuous training for coroners and other members of the Service.

Establishes the National Coroners Service and sets out its corporate powers and composition.

The Headquarters of the Service must be in Nairobi; the Service must ensure reasonable access to its services across the Republic, as appropriate given the nature of the service.

The Service must be independent and free from any interference.

The Cabinet Secretary must competitively appoint a Coroner-General on the recommendation of the Public Service Commission; the Public Service Commission must competitively recruit coroners who shall assist the Coroner-General within their jurisdictions.

Coroner-General to co-ordinate the services throughout the country.

The Coroner must serve as the administrative head of coronial services in the County of appointment and must, subject to the Coroner-General's control and directions, be responsible for investigating reportable deaths occurring or reported within the County.

The Coroner-General may delegate in writing the Service's powers, functions or duties to officers, staff or agents, subject to conditions; delegation does not stop the Coroner-General from exercising those powers; the Coroner-General retains responsibility and may withdraw delegations or decisions.

Section 22 lists powers of the Coroner over various permits and requires the Cabinet Secretary to make regulations and to have due regard to other laws when doing so.

A coroner must, so far as consistent with justice and practicable, perform or exercise his or her functions, powers and duties without delay.

If a police officer is notified under subsection (1), the police officer must immediately notify the coroner of the facts and circumstances.

Deaths in custody must be reported; if reporting is delayed the officer in charge must issue a written explanation; where a coroner investigates into a death in custody the coroner must furnish a copy of the report to the Independent Policing Oversight Authority or other relevant authority.

The Coroner-General must undertake full medical investigations of all deaths suspected to be criminal.

If a coroner finds a death was caused by an act amounting to an offence, the Coroner must immediately after the investigation forward the investigation report and any witnesses' names and addresses to the Director of Public Prosecutions and the Inspector-General of Police.

The Service is to investigate deaths reported to be violent or unnatural.

For investigations under the Act, a coroner has the power to collect and preserve forensic and other evidence; the Coroner-General may specify the manner of preservation.

The section headings indicate the purpose of investigation and that particulars of the deceased are matters to be ascertained.

Section heading and fragment: "Conduct of investigations" and the clause "becomes aware of the death of any person to which this Act applies; or".

Coroners must make reports of every investigation and must submit reports: the full report within seven days, interim reports for criminal purposes within 24 hours, and a final report within seven days.

Section 33 lists the particulars that an investigation report must contain (such as where, when and by whom the investigation was conducted; identity and location of the deceased; how the death occurred; preventive measures; and any other matters the Coroner deems necessary), states that if the name is unknown the body may be described by bodily features, and provides that no investigation report shall be quashed for technical defect or want of form.

A Coroner's report on cause of death is treated as prima facie evidence for investigations, prosecutions and court hearings; dissatisfied persons may seek another opinion.

A person dissatisfied with a Coroner's report may, at their own cost, seek a second opinion from other qualified officers; where such opinions are sought the Coroner may attend or send a representative to be present during the investigation.

The Coroner must conduct an investigation into any dead body within the Coroner's local jurisdiction when an investigation ought to be conducted.

An investigation may be conducted either in the territory of the Coroner in whose jurisdiction the body was found or where the death took place.

If a Coroner is informed of a prisoner's death under subsection (1), the Coroner must investigate the death and prepare an investigation report.

Police officers and any person present at a death must preserve the scene of crime until the Coroner or a member of the Service arrives; police officers must also collect evidence necessary for investigation and prosecution; persons who interfere with or tamper with the scene or evidence commit an offence.

The Cabinet Secretary must, in consultation with the Coroner-General, make regulations to govern preservation and movement of bodies; those regulations must recognize the dignity of dead bodies and cultural beliefs of the deceased where known by the Coroner or a member of the Service.

A coroner or a police officer may transfer a body to a mortuary, subject to any direction of the coroner or police officer and with regard to dignity and cultural or spiritual beliefs.

The Coroner may designate a temporary holding place for a body in compelling or exceptional circumstances; the Cabinet Secretary, in consultation with the Coroner-General, must make regulations to give full effect to this section.

A coroner may conduct a post-mortem, may hire suitably qualified practitioners or experts subject to prescribed procedures and public procurement laws, certain qualifications for examiners are specified, some persons must not assist while others are entitled to representation, and post-mortem examiners must report results to the Coroner as soon as practicable in the prescribed form.

If the Coroner-General believes a death was reportable, a court order may authorize exhuming a buried body or recovering cremated remains; police may enter and act under the order; the court must make the order and give a copy when the Coroner considers it in the public interest after discussion; the police must arrange transport and the Coroner must order return after autopsy.

The Coroner or an investigating police officer may observe and participate in autopsies; the Coroner may allow others to observe with conditions and must notify approved observers of time and place before the autopsy.

If an investigating police officer asks for a copy of an autopsy or test report, the doctor who conducted the autopsy or the person who did the test must give a copy of the report to the police officer.

When prescribed tissue is removed during an autopsy, the doctor must inform the Coroner before the Coroner orders release; the Coroner may still order release knowing tissue was removed; specimen tissue must be kept indefinitely; other testing tissue must not be disposed except under a Coroner's order; the Coroner must order return of tissue before release if not satisfied as in subsection (4); family members may receive tissue for lawful testing, use or burial.

The Coroner must give a permit for disposal of the body when investigations are closed, or earlier if necessary.

Section 49 lists acts related to handling human bodies (preparing for burial, burying, removing from Kenya), conditions under which these are authorized (various certificates or Coroner order), and items exempted from authorization (parts of bodies from autopsy or medical procedures, indigenous burial remains, taking a body to a mortuary).

When a coroner orders release of a deceased person’s body under this Act, the Coroner must give a copy of that order to the registrar under the Births and Deaths Registration Act (Cap. 149).

The Coroner gains control of a deceased person’s body when the Coroner begins investigating the death and may, in various circumstances, stop investigating and order release of the body; the Coroner must order release after an autopsy as soon as reasonably practicable and must not release an unidentified body unless burial is necessary.

The Coroner-General can direct any coroner to investigate a death even if it occurred outside the coroner's county; a coroner so required must investigate promptly and must notify the Coroner-General in writing if unable; subject to the Act, a coroner may take over investigations from another coroner.

The Coroner may discontinue an investigation when the cause of death is apparent or it is unnecessary; an interested person may object; a court may order discontinuance for up to ten days; and a coroner who discontinues must provide a report and written explanation as soon as practicable.

Section 54(1)(a) requires notifying the Coroner-General of that fact; Section 54(1)(b) requires notifying the Coroner-General of the date on which the investigation is completed or discontinued. Section 54(2) defines "within a year" as a period of twelve months beginning with the day on which the Coroner was made aware that the person's body was within the Coroner's area of jurisdiction.

Any person may make a complaint to the complaints committee about a coroner, pathologist or other person with powers or duties under the Act; the complaint must be in writing and state the nature of the complaint.

An interested person may appeal to the Coroner-General against specified coroner decisions; the Coroner-General may substitute or quash and remit those decisions; a party may appeal on a question of fact to a court.

Section 57 lists the Service's sources of funds (Parliamentary allocations; fees charged under the Act or regulations; grants, gifts, donations or endowments; and funds that vest in or accrue to the Service) and requires that any funds donated or lent to, or gift made to, the Service be disclosed to the Cabinet Secretary and National Assembly and made public before use.

The Service must prepare annual revenue and expenditure estimates at least three months before each financial year; the Commission must approve and submit them to the Cabinet Secretary for tabling in Parliament; the Service may create certain funds.

The Service's financial year starts on the day this Act comes into operation and ends on the following thirtieth June.

The Service must keep proper books and records of account for the Commission, and must prepare, audit and report its annual accounts in accordance with the Public Audit Act (Cap. 412B).

The Service must prepare an annual report at the end of each financial year, submit it to the President and the National Assembly within three months after the end of that year, and cause it to be published and publicized as the Commission determines.

The State must pay the cost of postmortems or autopsies for reportable deaths.

A coroner shall not conduct investigation or participate in any matter where he or she has an interest.

Members of the Service and persons acting under its instructions are not personally liable for actions, claims or demands if those actions are done in good faith to execute the Service's powers, functions or duties under this Act or any other written law.

State or public officers must respond to inquiries and provide information requested by the Service; breach is contempt of Parliament with fines or imprisonment.

A person employed by the Service must not undertake any other gainful employment.

Protection from liability for giving information or other things to a coroner, including required items and confidential information, and defences against defamation and disciplinary action where specified.

Section 68 establishes the composition, secretariat, functions, committee powers, information reporting items, and an annual reporting duty for the National Coroners Council.

Any person who obstructs a coroner in due execution of his functions commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one month.

A person must comply with a Coroner's written notice to supply information, documents or other things; failing to do so without reasonable excuse is an offence.

A person who knowingly or recklessly makes a statement or omits matter that causes a document to be materially false or misleading commits an offence.

The Coroner has the power to give directions about removal of a body or other lawful directions under this Act.

A natural person is liable to a fine up to five hundred thousand, or imprisonment for up to two years, or both.

The Cabinet Secretary may make regulations for carrying out this Act, including on procedural matters and specified death-reporting and certificate procedures.