Kenya Act or statute

Parliament of Kenya

National Coroners Service Act

Jurisdiction: Kenya
Structure: 74 provisions
Citation: Cap. 89
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“Short title: This Act may be cited as the 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).

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PRELIMINARY - 1. Short title

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

Section 1

FUNCTIONS AND POWERS OF THE SERVICE - 19. Functions of Coroner-General

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

Section 19

INVESTIGATIONS AND EXAMINATIONS - 38. Coroner to be sent for when prisoner dies

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

Section 38

APPEALS AND COMPLAINTS - 56. Appeals to the Coroner-General

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 56

MISCELLANEOUS PROVISIONS - 74. Regulations

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

Section 74

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Showing 74 of 74 provisions

Provision 60Offence 9Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the National Coroners Service Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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;"

Section 2. Interpretation Section a spouse, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister;

Section 2Verify source

§ 3PRELIMINARY - 3. Objects of the ActProvision

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

Section 3. Objects of the Act Section provide for the establishment of the National Coroners Service and appointment of coronial officers;

Section 3Verify source

§ 4PRELIMINARY - 4. Guiding PrinciplesProvision

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

Section 4. Guiding Principles Section In the exercise of the powers and performance of functions under this Act, the Coroner-General, coroners or any other person charged with a responsibility under this Act shall respect and uphold the values and principles enshrined in the Constitution.

Section 4Verify source

§ 5PRELIMINARY - 5. Relationship with other lawsProvision

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).

Section 5. Relationship with other laws Section 5(1)(a) a police officer or any other person investigating a death under any other written law; or Section 5(1)(b) a police officer in discharging his duty as a police officer other than an investigation under this Act. Section 5(2) The operation of this Act shall be subject to the provisions of the Commissions of Inquiry Act (Cap. 102).

Section 5Verify source

Part II

ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE

§ 10ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 10. Qualifications for appointment as Coroner-GeneralProvision

is a citizen of Kenya

Section 10. Qualifications for appointment as Coroner-General Section is a citizen of Kenya;

Section 10Verify source

§ 11ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 11. Term of service of the Coroner-GeneralProvision

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 11. Term of service of the Coroner-General Section 11(1) The Coroner-General shall serve for a term of five years which shall be renewable once. Section 11(2) The terms of service of the Coroner-General shall be determined by the Cabinet Secretary upon advice by the Salaries and Remuneration Commission.

Section 11Verify source

§ 12ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 12. Removal from officeProvision

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 12(1)(e) any other justifiable cause as may be set out in the contract of employment. Section 12(2) Where the question for removal from office of the Coroner-General arises, the Cabinet Secretary shall inform the Coroner-General in writing and authorize the Public Service Commission to investigate the matter and report to him or her with recommendations on the appropriate action to be taken. Section 12(3) The Public Service Commission shall expeditiously hear and determine the matter and recommend the appropriate action to be taken by the Cabinet Secretary.

Section 12Verify source

§ 13ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 13. VacancyProvision

Section 13 states: "Vacancy Section dies;"

Section 13. Vacancy Section dies;

Section 13Verify source

§ 14ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 14. Structure of the ServiceProvision

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

Section 14. Structure of the Service Section 14(1) The Coroner-General, in consultation with the Public Service Commission shall determine the structure of the Service. Section 14(2)(a) the nature of services rendered by the Service; Section 14(2)(b) the necessity to employ other professionals and expertise in the Service for proper discharge of the functions of the Coroner-General under the Act and other written laws.

Section 14Verify source

§ 15ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 15. Officers and other staff of the ServiceProvision

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.

Section 15. Officers and other staff of the Service Section 15(1) The Public Service Commission shall appoint such number of coroners and other staff of the Service as shall be necessary for the proper and efficient discharge of the functions of the Service. Section 15(2) The terms and condition of service of coroners and staff of the Service shall be determined by the Cabinet Secretary on advice of the Salaries and Remuneration Commission.

Section 15Verify source

§ 16ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 16. Professional code of conduct.Provision

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

Section 16. Professional code of conduct. Section 16(1) The Cabinet Secretary in consultation with the Coroner-General shall develop and maintain a code of conduct to regulate the affairs and conduct of the members of the Service. Section 16(2) The Public Officer Ethics Act (Cap. 185B) and any other law regulating the conduct of public officers shall, with necessary modifications, apply to members of the Service. Section 16(3) In developing the code of conduct referred to under subsection (1), the Cabinet Secretary and the Coroner-General shall consult other State organs and departments responsible for ethics and professional ethics relevant to the Service.

Section 16Verify source

§ 17ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 17. Scheme of ServiceProvision

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

Section 17. Scheme of Service Section The Public Service Commission shall prescribe a Scheme of Service for the coroners and other members of the Service.

Section 17Verify source

§ 18ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 18. Continuous training of member of the ServiceProvision

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

Section 18. Continuous training of member of the Service Section The Cabinet Secretary in consultation with the Coroner-General shall ensure continuous training of coroners and other members of the Service.

Section 18Verify source

§ 6ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 6. Establishment and composition of the ServiceProvision

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

Section 6. Establishment and composition of the Service Section 6(1) There is established a Service to be known as the National Coroners Service. Section 6(2)(a) suing and being sued; Section 6(2)(b) acquiring, holding, charging and disposing movable and immovable property; and Section 6(2)(c) doing or performing all such other things or acts for the proper discharge of its functions under this Act or any written law, as may lawfully be done or performed by a body corporate. Section 6(3)(a) the Coroner-General appointed under section 9 (1); Section 6(3)(b) coroners appointed under section 9 (2); Section 6(3)(c) such other officers and members of the Service as may be appointed pursuant to the provisions of section 15 .

Section 6Verify source

§ 7ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 7. Access to servicesProvision

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.

Section 7. Access to services Section 7(1) The Headquarters of the Service shall be in Nairobi. Section 7(2) The Service shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service.

Section 7Verify source

§ 8ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 8. Independence of the ServiceOffence

The Service must be independent and free from any interference.

Section 8. Independence of the Service Section 8(1) In the discharge of its functions and exercise of the powers under this Act or any other written law, the Service shall be independent and free from any interference. Section 8(2)(a) influences or attempts to influence a decision of the Coroner-General or member of the Service; Section 8(2)(b) interferes with the exercise of powers or the performance of a function under this Act, commits an offence.

Section 8Verify source

§ 9ESTABLISHMENT OF THE NATIONAL CORONERS SERVICE - 9. Appointment of Coroner-General and coronersProvision

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.

Section 9. Appointment of Coroner-General and coroners Section 9(1) There shall be a Coroner-General of the Service who shall be competitively appointed by the Cabinet Secretary, on the recommendation of the Public Service Commission. Section 9(2) For the proper discharge of the functions of the Coroner-General under this Act, there shall be competitively recruited by the Public Service Commission such number of coroners who shall assist the Coroner-General in the performance of the functions of the Coroner-General within their areas of jurisdiction.

Section 9Verify source

Part III

FUNCTIONS AND POWERS OF THE SERVICE

§ 19FUNCTIONS AND POWERS OF THE SERVICE - 19. Functions of Coroner-GeneralProvision

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

Section 19. Functions of Coroner-General Section co-ordinate the services throughout the country;

Section 19Verify source

§ 20FUNCTIONS AND POWERS OF THE SERVICE - 20. Functions of coronersProvision

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.

Section 20. Functions of coroners Section A Coroner shall be the administrative head of coronial services in the County in respect of which he or she is appointed, and shall, subject to the control and directions of the Coroner-General, be responsible for the investigations into the reportable deaths which occur or are reported within the County.

Section 20Verify source

§ 21FUNCTIONS AND POWERS OF THE SERVICE - 21. Delegation by the Coroner-GeneralProvision

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 21. Delegation by the Coroner-General Section 21(1) The Coroner-General may delegate in writing, to any officer, member of staff or agent of the Service, the exercise of any of the powers or the performance of any of the functions or duties of the Service under this Act. Section 21(2) A delegation under subsection (1) shall not prevent the Coroner-General from exercising the power in question. Section 21(3)(a) shall be subject to any conditions as the Coroner-General may impose; Section 21(3)(b) shall not divest the Coroner-General of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and Section 21(3)(c) may be withdrawn and any decision made by the person to whom the delegation is made, withdrawn or varied by the Coroner-General.

Section 21Verify source

§ 22FUNCTIONS AND POWERS OF THE SERVICE - 22. Powers of the CoronerProvision

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.

Section 22. Powers of the Coroner Section 22(1)(a) burial permits; Section 22(1)(b) cremation permits; Section 22(1)(c) waivers of post-mortem; Section 22(1)(d) post-mortem permits; and Section 22(1)(e) authority to move dead bodies into or out of Kenya. Section 22(2) The Cabinet Secretary shall make regulations to give full effect to this section. Section 22(3) In making the regulations referred to under subsection (2), the Cabinet Secretary shall have due regard to other laws in force regulating the issue of registration of and issuance of permits referred to under subsection (1).

Section 22Verify source

§ 23FUNCTIONS AND POWERS OF THE SERVICE - 23. General responsibility of a coronerProvision

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

Section 23. General responsibility of a coroner Section so far as it is consistent with justice and practicable to do so, perform or exercise his or her functions, powers, and duties without delay;

Section 23Verify source

Part IV

OBLIGATION TO REPORT, REPORTABLE DEATHS AND INVESTIGATIONS OF REPORTABLE DEATHS

§ 24OBLIGATION TO REPORT, REPORTABLE DEATHS AND INVESTIGATIONS OF REPORTABLE DEATHS - 24. Obligation to report certain deathsProvision

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

Section 24. Obligation to report certain deaths Section 24(1)(a) violence; Section 24(1)(a)(i) violence; Section 24(1)(a)(ii) misadventure; Section 24(1)(a)(iii) negligence; Section 24(1)(a)(iv) misconduct; or Section 24(1)(a)(v) malpractice; Section 24(1)(b) by unfair means; Section 24(1)(c) during pregnancy or following pregnancy in circumstances that might reasonably be attributable thereto; Section 24(1)(d) suddenly and unexpectedly; Section 24(1)(e) from disease or sickness for which he or she was not treated by a legally qualified medical practitioner; Section 24(1)(f) from any cause other than disease; or Section 24(1)(g) under such circumstances as may require investigation, Section 24(2) Where a police officer is notified under subsection (1), the police officer shall immediately notify the coroner of such facts and circumstances.

Section 24Verify source

§ 25OBLIGATION TO REPORT, REPORTABLE DEATHS AND INVESTIGATIONS OF REPORTABLE DEATHS - 25. Report of deaths in custodyProvision

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.

Section 25. Report of deaths in custody Section 25(1)(a) immediately report the death to the Coroner; and Section 25(1)(b) make such report as soon as possible but not later than six hours after the death. Section 25(2) In exceptional circumstances and where it is not practically possible to report within the period specified in subsection (1) (b), the officer in charge of the station or the premises where the deceased was held in custody shall, in addition to reporting the death, issue a written report stating the reasons for delay in reporting the death. Section 25(3) Where a coroner investigates a death occurring in police custody or prison custody, the coroner shall furnish a copy of the report to the Independent Policing Oversight Authority or any other relevant authority.

Section 25Verify source

§ 26OBLIGATION TO REPORT, REPORTABLE DEATHS AND INVESTIGATIONS OF REPORTABLE DEATHS - 26. Mandatory reporting of all deathsProvision

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

Section 26. Mandatory reporting of all deaths Section The Coroner-General shall undertake full medical investigations of all deaths suspected to be of criminal nature, regardless of faith or other considerations that may require immediate disposal of bodies.

Section 26Verify source

§ 27OBLIGATION TO REPORT, REPORTABLE DEATHS AND INVESTIGATIONS OF REPORTABLE DEATHS - 27. Procedure where death is found to be due to an act amounting to an offenceOffence

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.

Section 27. Procedure where death is found to be due to an act amounting to an offence Section Where a coroner finds that the death of the deceased person was occasioned by an act which amounts to an offence under any law in force in Kenya, the Coroner shall immediately after the investigation, and in accordance with this Act, forward a copy of the investigation report, together with the names and addresses of any witnesses, to the Director of Public Prosecutions and Inspector-General of Police.

Section 27Verify source

§ 28OBLIGATION TO REPORT, REPORTABLE DEATHS AND INVESTIGATIONS OF REPORTABLE DEATHS - 28. Deaths to be investigated by the ServiceProvision

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

Section 28. Deaths to be investigated by the Service Section the deceased person is reported to have died of a violent or an unnatural death;

Section 28Verify source

§ 29OBLIGATION TO REPORT, REPORTABLE DEATHS AND INVESTIGATIONS OF REPORTABLE DEATHS - 29. Collection of forensic evidence, etcProvision

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.

Section 29. Collection of forensic evidence, etc Section For purposes of investigations under this Act, a coroner shall have the power to collect forensic and other evidence and to preserve it in such manner as the Coroner-General may from time to time specify.

Section 29Verify source

Part V

INVESTIGATIONS AND EXAMINATIONS

§ 30INVESTIGATIONS AND EXAMINATIONS - 30. Purpose of investigation and matters to be ascertainedProvision

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

Section 30. Purpose of investigation and matters to be ascertained Section particulars of the deceased;

Section 30Verify source

§ 31INVESTIGATIONS AND EXAMINATIONS - 31. Conduct of investigationsProvision

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

Section 31. Conduct of investigations Section becomes aware of the death of any person to which this Act applies; or

Section 31Verify source

§ 32INVESTIGATIONS AND EXAMINATIONS - 32. Reports by the Coroners on investigations carried outOffence

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 32. Reports by the Coroners on investigations carried out Section 32(1) A coroner shall make a report of every investigation conducted under this Act. Section 32(2) The report referred to under subsection (1) shall be issued to relevant authorities and interested persons as soon as the report is concluded. Section 32(3) The Coroner shall submit the report of his or her investigations not later than seven days from the date the report was made. Section 32(4) For purposes of criminal investigation and subsequent prosecution of an offence under any written law, the Coroner shall submit an interim report to the National Police Service and the Director of Public Prosecutions or any other relevant Authority within twenty-four hours of notification of a death under this Act. Section 32(5) The Coroner shall submit to the Director of Public Prosecutions or the National Police Service as the case may be, a final and conclusive report of the cause of death investigated under this Act within seven days.

Section 32Verify source

§ 33INVESTIGATIONS AND EXAMINATIONS - 33. Particulars of an investigation reportProvision

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.

Section 33. Particulars of an investigation report Section 33(1)(a) where, when and by whom the investigation was conducted; Section 33(1)(b) who the deceased person was; Section 33(1)(c) where the body of the deceased lies; Section 33(1)(d) where, when and by what means the deceased person met his death; Section 33(1)(e) identification of issues in relation to preventive measures that can be undertaken by the authorities; Section 33(1)(f) any other matter that the Coroner deems necessary. Section 33(2) lf the name of the deceased is unknown, the body may be described based on the bodily features. Section 33(3) No investigation report shall be quashed for any technical defect or for want of form.

Section 33Verify source

§ 34INVESTIGATIONS AND EXAMINATIONS - 34. Reportprima facieevidenceProvision

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.

Section 34. Reportprima facieevidence Section 34(1) For purposes of investigation, prosecution and hearing of a matter before court, a report made by the Coroner under this Act with regard to cause of death shall be deemed as prima facie evidence and recognizable as such. Section 34(2) Subsection (1) does not preclude a person who is dissatisfied with the findings of the Coroner under this Act from seeking second or other opinion on the cause of death.

Section 34Verify source

§ 35INVESTIGATIONS AND EXAMINATIONS - 35. Second opinionProvision

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.

Section 35. Second opinion Section 35(1) Any person dissatisfied or who disagrees with the report or finding of the Coroner under this Act may, at his or her own cost, seek second or other opinion from other qualified officers. Section 35(2) Where a second or other opinions are sought under subsection (1), the Coroner may attend or send his or her representative to be present during the investigation. Section 35(3)(a) a framework within which repeat post-mortems may be called; Section 35(3)(b) the implications of the second or other opinions sought; Section 35(3)(c) the process to challenge the decision of the Coroner with regard to his or her decision on reportable deaths; Section 35(3)(d) the person who may be present during the examination; and Section 35(3)(e) the format and process of lodging a complaint in relation to a complaint arising from a report of and conduct of investigations by the Coroner.

Section 35Verify source

§ 36INVESTIGATIONS AND EXAMINATIONS - 36. Power to hold investigation on a body within local limitsProvision

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

Section 36. Power to hold investigation on a body within local limits Section Whenever an investigation ought to be conducted on any dead body lying within the local limits of the jurisdiction of any Coroner, the Coroner shall conduct such investigation, whether or not the cause of death arose within that jurisdiction.

Section 36Verify source

§ 37INVESTIGATIONS AND EXAMINATIONS - 37. Place of investigationProvision

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.

Section 37. Place of investigation Section Upon the notice to the Coroner of the death or discovery of a dead body, 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.

Section 37Verify source

§ 38INVESTIGATIONS AND EXAMINATIONS - 38. Coroner to be sent for when prisoner diesProvision

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

Section 38. Coroner to be sent for when prisoner dies Section 38(1)(a) the officer in charge of the prison; or Section 38(1)(b) the Officer Commanding a police station, Section 38(2) A Coroner who is informed of the death under subsection (1) shall investigate into the death and prepare an investigation report.

Section 38Verify source

§ 39INVESTIGATIONS AND EXAMINATIONS - 39. Preservation and management of scene of crimeOffence

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.

Section 39. Preservation and management of scene of crime Section 39(1) A police officer or any person who is present at the time of death or who finds a dead body, shall in addition to reporting the death under this Act or any other written law, preserve the scene of crime until the Coroner or a member of the Service presents himself or herself at the scene. Section 39(2) In addition to securing and preserving the scene under subsection (1), a police officer shall collect evidence necessary and relevant for purposes of investigation of an offence and prosecution of the matter. Section 39(3) A person who interferes with or tampers with evidence or the scene of crime, commits an offence.

Section 39Verify source

§ 40INVESTIGATIONS AND EXAMINATIONS - 40. Preservation and movement of dead bodiesProvision

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.

Section 40. Preservation and movement of dead bodies Section 40(1) The Cabinet Secretary in consultation with the Coroner-General shall make regulations generally to regulate and provide for rules and procedures for preservation of bodies and movement of bodies. Section 40(2) The regulations made under subsection (1) shall recognize the dignity of dead body and cultural beliefs of the deceased where the same is known by the Coroner or member of the Service.

Section 40Verify source

§ 41INVESTIGATIONS AND EXAMINATIONS - 41. Transferring body to mortuaryProvision

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.

Section 41. Transferring body to mortuary Section 41(1)(a) a coroner; or Section 41(1)(b) a police officer. Section 41(2)(a) any direction of the Coroner or police officer; or Section 41(2)(b) the dignity and respect to be accorded to persons who are at a place from which a body is to be taken, and their cultural traditions or spiritual beliefs; and Section 41(2)(b)(i) the dignity and respect to be accorded to persons who are at a place from which a body is to be taken, and their cultural traditions or spiritual beliefs; and Section 41(2)(b)(ii) the way in which bodies are to be taken to a mortuary.

Section 41Verify source

§ 42INVESTIGATIONS AND EXAMINATIONS - 42. Designation of temporary holding of the bodyProvision

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.

Section 42. Designation of temporary holding of the body Section 42(1) In compelling or exceptional circumstances, the Coroner may designate the temporary holding of the body. Section 42(2) The Cabinet Secretary in consultation with the Coroner-General shall make regulations to give full effect to this section.

Section 42Verify source

§ 43INVESTIGATIONS AND EXAMINATIONS - 43. Power to conduct post-mortemProvision

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.

Section 43. Power to conduct post-mortem Section 43(1) If a coroner is of the opinion that it is appropriate and essential to ascertain the circumstances and the nature of death, the coroner may conduct a post-mortem on the body. Section 43(2) A coroner may hire a suitably qualified practitioner, qualified medical practitioner, medical provider or any other expert to conduct a post-mortem examination of a body. Section 43(3) The services of a suitably qualified person referred to under subsection (2) shall be in accordance with prescribed procedures and the public procurement laws. Section 43(4)(a) is a registered medical practitioner with relevant qualification and experience in human pathology; or Section 43(4)(b) in a case where a particular kind of examination is requested, a practitioner of a description designated by the Coroner-General as suitable to make examinations of that kind. Section 43(5)(a) must not make, or assist at, an examination of the body under this section; and Section 43(5)(b) is entitled to be represented at such an examination. Section 43(6) A person who conducts a post-mortem examination under this section must as soon as practicable report the result of the examination to the Coroner in the prescribed form.

Section 43Verify source

§ 44INVESTIGATIONS AND EXAMINATIONS - 44. Exhuming body or recovering cremated remainsProvision

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.

Section 44. Exhuming body or recovering cremated remains Section 44(1) This section applies if, after a body is buried or cremated, the Coroner-General forms the belief that the death was a reportable death. Section 44(2)(a) if the body was buried, to be exhumed; or Section 44(2)(b) if the body was cremated and the cremated remains may be recovered, the cremated remains to be recovered. Section 44(3)(a) the person in charge of the place where the body is, or the cremated remains are; and Section 44(3)(b) any person who the Coroner considers has a sufficient interest in the autopsy. Section 44(4)(a) after taking all reasonable steps, the Coroner cannot contact a person mentioned in subsection (3); or Section 44(4)(b) the Coroner considers it is not, in the circumstances, in the public interest to notify a person mentioned in subsection (3). Section 44(5) If a person has raised a concern in relation to the order being made but after discussing the matter with the person, the Coroner considers it is in the public interest for the order to be made, the court shall make the order and give a copy of it to the person. Section 44(6) The order authorizes a police officer to enter the place stated in the order and stay there for as long as reasonably necessary to exhume the body or recover the cremated remains. Section 44(7) The police officer shall arrange for the body or cremated remains to be taken, in accordance with the directions in the order, to a place stated in the order. Section 44(8) The Coroner shall, as soon as reasonably practicable after the autopsy, order the body or cremated remains to be returned to the place from where they were taken.

Section 44Verify source

§ 45INVESTIGATIONS AND EXAMINATIONS - 45. Observing an autopsyProvision

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.

Section 45. Observing an autopsy Section 45(1) The Coroner, or a police officer who is investigating a death under this or another Act, is entitled to observe and participate in the autopsy. Section 45(2) If the Coroner considers it appropriate, a person may observe and participate in an autopsy for his or her vocational or clinical education or training with the consent of the doctor who is conducting the autopsy. Section 45(3)(a) the person has a sufficient interest in the autopsy; Section 45(3)(b) the attendance of the person, or the person's representative, at the autopsy would not compromise the integrity of the coronial investigation or any other investigation into the death; and Section 45(3)(c) the attendance of the person, or the person’s representative, at the autopsy is otherwise appropriate. Section 45(4)(a) a family member of the deceased person; Section 45(4)(a)(i) a family member of the deceased person; Section 45(4)(a)(ii) the doctor who is to conduct the autopsy; and Section 45(4)(b) may consult with, and consider the views of, anyone else the Coroner considers appropriate. Section 45(5) If the Coroner allows a person to observe an autopsy under subsection (3), the Coroner must give the person notice of the time and place of the autopsy before it is conducted.

Section 45Verify source

§ 46INVESTIGATIONS AND EXAMINATIONS - 46. Autopsy reportsProvision

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.

Section 46. Autopsy reports Section 46(1)(a) prepare an autopsy report; and Section 46(1)(b) give the report to the Coroner. Section 46(2) If an investigating police officer asks for a copy of the autopsy report, or a copy of a 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.

Section 46Verify source

§ 47INVESTIGATIONS AND EXAMINATIONS - 47. Removing tissue for autopsy testingOffence

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.

Section 47. Removing tissue for autopsy testing Section 47(1) This section applies if during an autopsy of a body, the doctor conducting the autopsy removes tissue from the body for testing. Section 47(2) lf prescribed tissue is removed, the doctor must inform the Coroner before the Coroner orders the body's release. Section 47(3) The Coroner, knowing that the tissue has been removed, may nevertheless order the release of the body. Section 47(4)(a) if practicable, a family member of the deceased person has been informed of the removal of the prescribed tissue; and Section 47(4)(b) the retention of the prescribed tissue is necessary for the investigation of the death, despite any concerns raised with the Coroner about the retention of the prescribed tissue. Section 47(5) If the Coroner is not satisfied as mentioned in subsection (4), the Coroner must order the doctor to return the prescribed tissue to the body before the body is released. Section 47(6)(a) the investigation of the death; or Section 47(6)(a)(i) the investigation of the death; or Section 47(6)(a)(ii) proceedings for an offence relating to the death; or Section 47(6)(b) may be disposed of. Section 47(7) Specimen tissue must be kept indefinitely by the entity that turned the tissue into specimen tissue. Section 47(8) A person must not dispose of any other tissue kept for testing, except under the order of a coroner. Section 47(9)(a) if a family member of the deceased person has told the Coroner that he or she wishes to test, or use, the tissue for a lawful purpose or to bury the tissue, release the tissue to the family member, or the family member's representative, for the test, use or burial; or Section 47(9)(b) otherwise arrange for the tissue to be buried. Section 47(10) Subject to any relevant local laws, a statement by the entity, in the approved form, to the effect that the Coroner has ordered the disposal of the tissue is sufficient authority for the burial of the tissue. Section 47(11)(a) the Coroner who ordered the autopsy; or Section 47(11)(b) if that coroner is not available, any other coroner.

Section 47Verify source

§ 48INVESTIGATIONS AND EXAMINATIONS - 48. Permit for disposalProvision

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

Section 48. Permit for disposal Section When the investigations are closed, or before, if it be necessary, the Coroner shall give a permit for the disposal of the body on which the investigation has been conducted.

Section 48Verify source

§ 49INVESTIGATIONS AND EXAMINATIONS - 49. Authorizing burial of body, etcProvision

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).

Section 49. Authorizing burial of body, etc Section 49(1)(a) prepare a human body for burial; or Section 49(1)(b) bury a human body; or Section 49(1)(c) take a human body out of Kenya, Section 49(2)(a) a certificate of the cause of death under the Births and Deaths Registration Act (Cap. 149) has been issued with the Coroner's consent; or Section 49(2)(a)(i) a certificate of the cause of death under the Births and Deaths Registration Act (Cap. 149) has been issued with the Coroner's consent; or Section 49(2)(a)(ii) the Coroner has ordered the release of the body under this Act; or Section 49(2)(b) for a death investigated outside Kenya by a non- Kenyan coroner, a non-Kenyan coroner's release certificate has been issued; or Section 49(2)(c) otherwise, a cause of death certificate has been issued. Section 49(3)(a) part of a human body taken during an autopsy under section 47 ; Section 49(3)(b) part of a human body taken during a medical procedure; Section 49(3)(c) part of a human body taken during a medical procedure; Section 49(3)(d) indigenous burial remains; or Section 49(3)(e) the taking of a human body to any type of mortuary.

Section 49Verify source

§ 50INVESTIGATIONS AND EXAMINATIONS - 50. Notifying registrar when body is released and investigation endsProvision

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).

Section 50. Notifying registrar when body is released and investigation ends Section 50(1) When a coroner orders the release of a deceased person’s body for burial, or to another jurisdiction, under this Act, the Coroner shall give a copy of the order to the registrar under the Births and Deaths Registration Act (Cap. 149). Section 50(2)(a) who the deceased person was; Section 50(2)(b) when the person died; Section 50(2)(c) where the person died, and in particular whether the person died in Kenya; Section 50(2)(d) what caused the person to die; Section 50(2)(e) the date of the Coroner's findings; and Section 50(2)(f) whether or not an inquest has been held into the death, and if an inquest has been held, the date and place of the inquest.

Section 50Verify source

§ 51INVESTIGATIONS AND EXAMINATIONS - 51. Control of deceased’s bodyProvision

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.

Section 51. Control of deceased’s body Section 51(1) Unless a person’s death is reported to the Coroner after burial, the Coroner starts having control of the deceased person’s body when the coroner starts investigating the deceased person’s death. Section 51(2)(a) stops investigating the death and orders the release of the body in accordance with this Act or any other written law; Section 51(2)(b) stops investigating the death and authorises a doctor to issue a cause of death certificate for the deceased person; Section 51(2)(c) stops investigating the death and orders the release of the body for burial; Section 51(2)(d) stops investigating the death and orders the release of the body to the other jurisdiction; Section 51(2)(e) transfers control of the body to another coroner; or Section 51(2)(f) decides that it is not necessary for the Coroner's investigation to keep the body after an autopsy and the Coroner orders the release of the body for burial. Section 51(3) For purposes of subsection (2)(f), the Coroner shall order the release of the body for burial as soon as reasonably practicable after the autopsy. Section 51(4) However, the Coroner must not order the release of a body for burial if it is not known whose body it is, unless the coroner believes it is necessary to bury the body in the particular circumstances. Section 51(5)(a) the death appears to the doctor to be a reportable death, unless a coroner advises the doctor that the death is not a reportable death; or Section 51(5)(b) a coroner is investigating the death, unless the Coroner authorizes the issue of the certificate. Section 51(6) For purposes of subsection (2)(a), (c), (d) and (f), a reference to the Coroner, in relation to an order for the release of a body, includes, if the Coroner investigating the death is not available, another coroner.

Section 51Verify source

§ 52INVESTIGATIONS AND EXAMINATIONS - 52. Direction for other coroner to conduct investigationProvision

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.

Section 52. Direction for other coroner to conduct investigation Section 52(1) The Coroner-General may require a coroner to conduct an investigation into a person's death notwithstanding that the death occurred in a County other than the County in respect of which the Coroner is appointed. Section 52(2) A coroner required to undertake investigations under subsection (1) shall conduct the investigation as soon as practicable. Section 52(3) A coroner shall give to the Coroner-General notice in writing stating any reasons why the coroner might be unable to investigate a death occurring within an area in respect of which the coroner is appointed. Section 52(4) Subject to this Act, a coroner may take over and continue investigations into a person's death from another coroner.

Section 52Verify source

§ 53INVESTIGATIONS AND EXAMINATIONS - 53. Discontinuance where cause of death is revealedProvision

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 53. Discontinuance where cause of death is revealed Section 53(1)(a) the cause of death becomes apparent; and Section 53(1)(b) the Coroner is of the opinion that it is not necessary to continue with the investigation. Section 53(2) An interested person may object to the decision to discontinue any investigation under subsection (1). Section 53(3) Where an application has been made to a court of competent jurisdiction may order the Coroner to discontinue investigation under this Act for a period not exceeding ten days. Section 53(4)(a) died a violent or unnatural death; or Section 53(4)(b) died while in custody. Section 53(5) Nothing in this section prevents a fresh investigation under this Part from being conducted into the death. Section 53(6) A coroner who discontinues an investigation into a death under this section must, on his or her own motion or upon request in writing by an interested person, give a report as soon as practicable and a written explanation as to why the investigation was discontinued.

Section 53Verify source

§ 54INVESTIGATIONS AND EXAMINATIONS - 54. Investigations lasting more than a yearProvision

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.

Section 54. Investigations lasting more than a year Section 54(1)(a) must notify the Coroner-General of that fact; Section 54(1)(b) must notify the Coroner-General of the date on which the investigation is completed or discontinued. Section 54(2) ln subsection (1), "within a year" means within the 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.

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Part VI

APPEALS AND COMPLAINTS

§ 55APPEALS AND COMPLAINTS - 55. Right to make a complaintProvision

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.

Section 55. Right to make a complaint Section 55(1) Any person may make a complaint to the complaints committee about a coroner, a pathologist or a person, other than a coroner or pathologist, with powers or duties under this Act. Section 55(2) The complaint must be in writing and shall state the nature of complaint.

Section 55Verify source

§ 56APPEALS AND COMPLAINTS - 56. Appeals to the Coroner-GeneralSubstitution

Section 56. Appeals to the Coroner-General Section 56(1) An interested person may appeal to the Coroner-General against a decision made by a coroner that falls within subsection (2). Section 56(2)(a) a decision whether to discontinue an investigation; Section 56(2)(b) a decision whether to resume or suspend an investigation; Section 56(2)(c) a decision not to request for a post-mortem examination; and Section 56(2)(d) a decision to request a post-mortem examination of a body that has already been the subject of a post-mortem examination, unless the decision is to request an examination of a different kind from the one already carried out. Section 56(3)(a) substitute the decision; or Section 56(3)(b) quash the decision and remit the matter for a fresh decision. Section 56(4) A party to an appeal under this section may appeal on a question of fact to a court of competent jurisdiction.

Section 56Verify source

Part VII

FINANCIAL PROVISIONS

§ 57FINANCIAL PROVISIONS - 57. Funds of the ServiceProvision

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.

Section 57. Funds of the Service Section 57(1)(a) monies allocated by Parliament for purposes of the Service; Section 57(1)(b) such fees as may be charged in accordance with this Act or regulations made thereunder; Section 57(1)(c) any grants, gifts, donations or other endowments given to the Service; Section 57(1)(d) such funds as may vest in or accrue to the Service in the performance of its functions under this Act or under any other written law. Section 57(2) Any funds donated or lent to, or gift made to the Service shall be disclosed to the Cabinet Secretary and National Assembly and made public before use.

Section 57Verify source

§ 58FINANCIAL PROVISIONS - 58. Annual estimatesCommencement

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.

Section 58. Annual estimates Section 58(1) At least three months before the commencement of each financial year, the Service shall cause to be prepared estimates of the revenue and expenditure of the Service for that year. Section 58(2)(a) payment of remuneration in respect of the members and staff of the Service; Section 58(2)(b) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Service; Section 58(2)(c) maintenance of the buildings and grounds of the Commission; Section 58(2)(d) funding of training, research and development of activities of the Service; and Section 58(2)(e) creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Service may think fit. Section 58(3) The annual estimates shall be approved by the Commission before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for tabling in Parliament.

Section 58Verify source

§ 59FINANCIAL PROVISIONS - 59. Financial year of the ServiceCommencement

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

Section 59. Financial year of the Service Section the period begin on the day on which this Act comes into operation and ending on the following thirtieth June;

Section 59Verify source

§ 60FINANCIAL PROVISIONS - 60. Accounts and auditProvision

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).

Section 60. Accounts and audit Section 60(1) The Service shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission. Section 60(2) The annual accounts of the Service shall be prepared, audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 60Verify source

§ 61FINANCIAL PROVISIONS - 61. ReportsProvision

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.

Section 61. Reports Section 61(1) The Service shall, at the end of each financial year cause an annual report to be prepared. Section 61(2) The Service shall submit the annual report to the President and the National Assembly three months after the end of the year to which it relates. Section 61(3)(a) the financial statements of the Service; Section 61(3)(b) a description of the activities of the Service; Section 61(3)(c) such other statistical information as the Service may consider appropriate relating to the Service's functions; Section 61(3)(d) any recommendations made by the Service to State departments or any person and the action taken; Section 61(3)(e) the impact of the exercise of any of its mandate or function; Section 61(3)(f) any impediments to the achievements of the objects and functions under this Act or any written law; and Section 61(3)(g) any other information relating to its functions that the Service considers necessary. Section 61(4) The Service shall cause the annual report to be published and the report shall be publicized in such manner as the Commission may determine.

Section 61Verify source

Part VIII

MISCELLANEOUS PROVISIONS

§ 62MISCELLANEOUS PROVISIONS - 62. Cost of undertaking postmortem and autopsyProvision

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

Section 62. Cost of undertaking postmortem and autopsy Section The cost of undertaking postmortem or autopsy on reportable deaths under this Act shall be borne by the State.

Section 62Verify source

§ 63MISCELLANEOUS PROVISIONS - 63. Conflict of interestProvision

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

Section 63. Conflict of interest Section A coroner shall not conduct investigation or participate in any matter where he or she has an interest.

Section 63Verify source

§ 64MISCELLANEOUS PROVISIONS - 64. Protection from personal liabilityProvision

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.

Section 64. Protection from personal liability Section Nothing done by a member of the Service or by any person working under the instructions of the Service shall, if done in good faith for the purpose of executing the powers, functions or duties of the Service under this Act or any other written law, render such member or officer personally liable for any action, claim or demand.

Section 64Verify source

§ 65MISCELLANEOUS PROVISIONS - 65. Duty to co-operateProvision

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

Section 65. Duty to co-operate Section 65(1)(a) respond to any inquiry relevant to the investigation on the cause of death made by the Service; and Section 65(1)(b) provide any other information that the Service may require in the performance of its functions under the Act and any other written law. Section 65(2) Any State officer or public officer who breaches any of the provisions of this Act shall be deemed to be in contempt of Parliament and shall be liable, on conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both.

Section 65Verify source

§ 66MISCELLANEOUS PROVISIONS - 66. Gainful employmentProvision

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

Section 66. Gainful employment Section A person employed by the Service shall not undertake any other gainful employment.

Section 66Verify source

§ 67MISCELLANEOUS PROVISIONS - 67. Protection from liability for giving information and other things to coronerProvision

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 67. Protection from liability for giving information and other things to coroner Section 67(1)(a) information, a document or anything else in compliance with a requirement made under this Act or any other written law; or Section 67(1)(b) confidential information. Section 67(2)(a) breached any code of professional etiquette or ethics; or Section 67(2)(b) departed from accepted standards of professional conduct. Section 67(3)(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the required item or confidential information; and Section 67(3)(b) does not contravene the Act, oath or rule of law or practice by giving the required item or confidential information; and Section 67(3)(b)(i) does not contravene the Act, oath or rule of law or practice by giving the required item or confidential information; and Section 67(3)(b)(ii) is not liable to disciplinary action for giving the required item or confidential information.

Section 67Verify source

§ 68MISCELLANEOUS PROVISIONS - 68. The National Coroners CouncilProvision

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

Section 68. The National Coroners Council Section 68(1)(a) the Principal Secretary responsible for coronial services, who shall be the Chairperson and preside at the meetings of the Council; Section 68(1)(b) the Principal Secretary for the time being responsible for matters relating to Justice; Section 68(1)(c) the Principal Secretary Treasury; Section 68(1)(d) the Inspector-General; Section 68(1)(e) the Director of public prosecutions; Section 68(1)(f) the Principal Secretary for the time being responsible for matters relating to health services; and Section 68(1)(g) two representatives of the medical and dental profession nominated by the Kenya Medical Practitioners and Dentists Board and the Clinical Officers Council, one female and one male. Section 68(2) The Coroner-General shall be the Secretary to the Council and shall facilitate the conduct of business and affairs of the Council by offering secretariat services to the Council. Section 68(3)(a) to formulate and review policy relating to coronial services; Section 68(3)(b) national coronial services policies; Section 68(3)(b)(i) national coronial services policies; Section 68(3)(b)(ii) the administration of the Service; Section 68(3)(b)(iii) the expenditure of the Service. Section 68(3)(c) to perform such other functions as are conferred on it by this Act or by any other written law. Section 68(4) For the better carrying out of its functions under this Act, the Council may establish such functional committees of the Council as it may deem necessary. Section 68(5)(a) the activities of the Service; Section 68(5)(b) all the measures taken and the progress achieved in the realization of each of the functions of the Service; Section 68(5)(c) such other statistical information as the Council considers appropriate relating to the its functions; Section 68(5)(d) the financial statements of the Service; and Section 68(5)(e) any other information relating to its functions that the Service considers necessary. Section 68(6) The Council shall cause the annual report to be published and publicized in a manner as Council may determine.

Section 68Verify source

§ 69MISCELLANEOUS PROVISIONS - 69. Offence of obstructionOffence

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.

Section 69. Offence of obstruction Section Any person who obstructs a coroner in due execution of his functions under this Act 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.

Section 69Verify source

§ 70MISCELLANEOUS PROVISIONS - 70. Failure to supply information, etcOffence

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.

Section 70. Failure to supply information, etc Section A person who, without reasonable excuse, fails to comply with a written notice by the Coroner requiring that person to supply information or documents or other things to the extent that the person is capable of complying with it, commits an offence.

Section 70Verify source

§ 71MISCELLANEOUS PROVISIONS - 71. False or misleading statements and omissions in certain documentsOffence

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.

Section 71. False or misleading statements and omissions in certain documents Section 71(1) A person who makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular, commits an offence. Section 71(2)(a) a doctor's report required under this Act; Section 71(2)(b) any other report required under this Act to supply information for purposes of discharge of the functions of the Service under this Act.

Section 71Verify source

§ 72MISCELLANEOUS PROVISIONS - 72. Non-compliance with direction about removal of bodyProvision

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

Section 72. Non-compliance with direction about removal of body Section fails or refuses to comply with a direction about the removal of a body or any other lawful direction by the Coroner under this Act; or

Section 72Verify source

§ 73MISCELLANEOUS PROVISIONS - 73. General penaltyOffence

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

Section 73. General penalty Section in case of a natural person, a fine not exceeding five hundred thousand or imprisonment for a term not exceeding two years or to both;

Section 73Verify source

§ 74MISCELLANEOUS PROVISIONS - 74. RegulationsProvision

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

Section 74. Regulations Section 74(1) The Cabinet Secretary may make regulations generally for the better carrying out of the provisions of this Act. Section 74(2)(a) any matter of procedure or practice under this Act; Section 74(2)(b) circumstances when a medical practitioner shall be required to notify a coroner of a death of a person whom the practitioner was attending; Section 74(2)(c) other categories of reportable deaths; Section 74(2)(d) to prepare a certificate stating the cause of death to the best of the practitioner's knowledge and belief; or Section 74(2)(d)(i) to prepare a certificate stating the cause of death to the best of the practitioner's knowledge and belief; or Section 74(2)(d)(ii) where the practitioner is unable to establish the cause of death, to refer the case to a coroner. Section 74(3)(a) for the purpose and objective of giving effect to the Constitution and this Act; Section 74(3)(b) limited to the nature and scope specifically stipulated in the Constitution and this Act.

Section 74Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Coroner under this Act
Sections 34, 35
Coroner-General under the Act
Section 14
Coroner-General under this Act
Section 9

G–M

1 instrument

Inquiry Act
Section 5

N–S

6 instruments

National Coroners Service and for the appointment of coronial officers. Section 3. Objects of the Act
Section 3
Service Section 8(1) In the discharge of its functions and exercise of the powers under this Act
Section 8
Service The Service's financial year starts on the day this Act
Section 59
Service under this Act
Sections 21, 64, 71
Service. Section 16(2) The Public Officer Ethics Act
Section 16
Service. Section 68(3)(c) to perform such other functions as are conferred on it by this Act
Section 68

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