Police Given New Orders On Injuries, Death Of Kenyans In Custody

The Ministry of Interior has instructed the National Police Service (NPS) to promptly report any casualties or serious injuries that occur in custody and to fully cooperate with the Independent Policing Oversight Authority (IPOA).

In a statement released on Thursday, April 24, the ministry emphasized that these new directives are aimed at strengthening accountability and safeguarding human rights.

It is now a legal obligation to report any death or serious injury in police custody within six hours of the incident. If there is a delay due to exceptional circumstances, a written explanation must be provided as per the Constitution.

Police officers are required to record all details of the incident, including the time it occurred and any actions taken, in custody records and incident logs.

Interior PS Raymond Omollo and Police IG Douglas Kanja (left) during a press briefing on April 24, 2025. /MINISTRY OF INTERIOR

The law stipulates that once the incident is reported, it will likely be subject to further investigation by relevant authorities, such as the government pathologist or IPOA.

The ministry stated that this directive is part of the government's efforts to restore public confidence in the nation's security institutions and enhance transparency.

"We are working to improve transparency and rebuild public trust in the National Police Service (NPS), Kenya Prisons Service (KPS) and National Youth Service (NYS) - the Judiciary as our partners in the criminal justice system should support these efforts, not undermine them," the statement read in part.

"Efforts to curb corruption are ongoing, especially in recruitment and on our roads. Soon we will demonstrate how these processes will no longer be manipulated through online recruitment, a digital Occurrence Book (OB) and instant traffic fines."

On human rights, the Interior Ministry revealed that work is underway to modernise police stations, aiming to make them models of service and accountability. 

This directive follows allegations made by activist Boniface Mwangi, who claimed he was violently arrested and assaulted while in police custody. In a statement released on Monday, April 21, Mwangi shared details of the incident, which occurred in front of his colleagues at the Sema Ukweli offices.

He described how the situation escalated when he confronted an armed officer who appeared to be intoxicated. Mwangi stated that the assault continued while he was being transported to the police station and after he was booked.

The 41-year-old emphasised that it was only through the intervention of his colleagues, who had followed him to the station, that the assault was halted.

"As they violently loaded me into the police vehicle, right in front of my colleagues and neighbours, the constable hit me very hard on the ribs with the butt of his gun. After we arrived at the police station, and l was thrown into the police cell, the constable followed me inside and assaulted me some more. 

"He rained blows on me as another fellow officer held me down. It was only my screams that saved me because my colleagues who had followed the police car started screaming at the police officers, demanding that they stop beating me," he noted.

Mwangi reported that he was given medical care the next morning after the Officer Commanding Station (OCS) stepped in.

"I underwent a few procedures, including X-rays to check my ribs, a head scan, and an ultrasound to check for internal injuries that I might have sustained in the cells when the constable punched my body where my kidneys are located.

"Luckily, I had no fractures. I sustained injuries on my wrists, knee, had a busted lip, and had a lot of pain on my left ribs where the constable had hit me with a gun butt. I could also barely see through my left eye," he recalled. He was subsequently released on a Ksh5,000 cash bail.