NPS Explains Rules for Police Stations After Deaths in Custody

The National Police Service (NPS) has clarified the procedures to be followed whenever a suspect dies while in police custody, following a directive by Inspector General of Police Douglas Kanja requiring certain officers to be interdicted immediately.

In a statement issued on Thursday, August 13, the NPS said investigations into every death occurring in police custody must commence without delay. Officers who were on duty at the time of the incident will be treated as persons of interest as investigators establish what happened.

The Service said all investigations will be conducted in accordance with the Constitution, relevant laws and established investigative procedures, with due process observed throughout.

NPS explained that the investigations will be thorough and impartial, relying on available evidence to determine the circumstances surrounding each death.

Kanja had directed on Wednesday that the Occurrence Book recorder, cell sentry and duty officer be interdicted immediately whenever a suspect dies inside police cells. However, the NPS statement did not specifically mention the officers by their respective roles.

According to the Service, interdiction is meant to strengthen accountability, protect evidence and ensure that investigations are conducted without interference.

The officers placed on interdiction will still be accorded due process as investigators determine whether they played any role in the death.

NPS further warned that officers found responsible will face appropriate action under the law and the Service's internal disciplinary procedures.

“Should any police officer be found culpable during the course of such investigations, immediate and decisive action will be taken,” the Service stated, adding that those found responsible would be held accountable.

Kanja issued the directive during a sensitisation meeting on the new Service Standing Orders and ongoing police reforms. The meeting brought together regional police commanders at the National Police Leadership Academy.

He instructed commanders to ensure the new measures are implemented in police stations under their jurisdiction.

The clarification comes amid increased scrutiny over deaths occurring in police custody and cases involving people who die shortly after being released from detention.

One of the latest cases involves Gedion Makau, who reportedly died at Kilungu Police Station in Makueni on August 4. 

His family has disputed the police account that he died by suicide, leading the Independent Policing Oversight Authority (IPOA) to join investigations into the circumstances surrounding his death.