Rights group demands more action beyond officer interdictions over custodial deaths

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The Independent Medico-Legal Unit (IMLU) has warned that the interdiction of officers on duty whenever a suspect dies in police custody is not enough to address custodial deaths.

In a statement on Friday, August 14, the rights group said the directive must be accompanied by proper investigations and accountability to ensure those responsible are held to account.

The warning follows a directive by Inspector General of Police Douglas Kanja ordering the immediate interdiction of officers on duty, including the Occurrence Book (O.B.) handler, cell sentry and duty officer, whenever a person dies in police custody.

According to IMLU, while the directive marks a step towards curtailing custodial impunity, the rights group argued that deaths in custody are grave human rights violations that require thorough investigations and swift criminal prosecutions.

“This decision marks a necessary and firm step toward curtailing custodial impunity, restoring public trust, and upholding the fundamental constitutional rights to life, human dignity, and protection from cruel or degrading treatment while in state custody,” IMLU said.

The rights group called for prompt, independent and exhaustive investigations into all deaths and cases of torture in places of detention.

“Oversight mechanisms, including the Independent Policing Oversight Authority (IPOA), must be provided with unhindered access, full cooperation, and adequate resources to establish the truth and facilitate swift criminal prosecutions,” the group said.

IMLU said such measures are necessary to ensure Kanja’s directive translates into genuine justice and institutional reform.

The Unit also called for the operationalisation of the National Coroners Service Act, saying an independent National Coroners Service is critical in ensuring impartial forensic autopsies, cause-of-death inquiries and inquests free from institutional bias or police interference.

They further demanded enforcement of both individual and command accountability.

“While individual officers directly involved in violence or negligence must face criminal prosecution, station commanders and regional supervisors must also be held legally and disciplinarily accountable for failing to prevent, deter, or report misconduct within their jurisdictions,” IMLU said.

The directive comes amid a series of custodial deaths that have placed the National Police Service under public scrutiny, with the recent one being the death of Gideon Makau who died hours after his arrest and booking at Kilungu Police Station in Makueni County.