Explained: What happens when someone dies in police custody in Kenya?

The death of a suspect after an encounter with police is never treated as an ordinary criminal case.

It immediately raises questions about accountability, the treatment of detainees and whether officers followed the law while the person was in custody.

Those questions have resurfaced following the death of Eric Otieno, who was arrested on Saturday night on allegations of preparing to commit a felony.

He was released several hours later but died shortly afterwards while receiving treatment.

A post-mortem examination reportedly found injuries consistent with physical trauma, prompting his family and rights groups to demand an independent investigation as protests continue to build.

So, what happens when someone dies in police custody in Kenya?

Every person in custody remains under police protection.

Once a suspect has been arrested and booked into a police station, the National Police Service assumes responsibility for their safety and wellbeing.

The Constitution guarantees every arrested person the right to be treated humanely, protected from torture or cruel, inhuman and degrading treatment, and presented before a court within the timelines provided by law.

These rights apply regardless of the offence a person is suspected of committing.

Because of that duty of care, any death occurring in custody - or linked to the period of detention - automatically attracts public and legal scrutiny.

Who investigates a custody death?

Unlike ordinary criminal investigations, deaths involving police officers are primarily investigated by the Independent Policing Oversight Authority (IPOA).

IPOA has the legal mandate to investigate deaths and serious injuries involving police officers, collect evidence, interview witnesses and recommend whether criminal charges or disciplinary action should be taken.

The National Police Service may also conduct internal investigations, while the Directorate of Criminal Investigations (DCI) can assist with forensic evidence where necessary.

If sufficient evidence is found, the Office of the Director of Public Prosecutions (ODPP) decides whether criminal charges should be filed against individual officers.

The post-mortem

One of the first steps in such investigations is an independent post-mortem examination.

The examination helps establish the cause of death, documents any injuries and provides medical evidence that investigators may use to determine whether injuries occurred before, during or after police detention.

Families are also allowed to appoint independent pathologists to observe or participate in the examination, particularly in cases that attract public interest.

The national attention

Deaths linked to police custody often spark widespread public debate because they involve institutions entrusted with enforcing the law.

In recent years, several high-profile custody deaths have triggered demands for greater police accountability, faster investigations and stronger oversight.

Each new case is therefore viewed not only on its own facts but also against a broader national conversation about human rights and the conduct of law enforcement officers.

That is why calls for transparency often begin immediately after such incidents are reported.

What happens next?

The investigation now underway will seek to establish exactly what happened between Otieno's arrest, his detention, his release and his subsequent death.

Investigators will rely on witness statements, medical reports, custody records, CCTV footage where available and any other forensic evidence before determining whether any criminal offences were committed.

Until those investigations are complete, authorities are expected to distinguish established facts from allegations while ensuring that all those involved are afforded due process.

Whatever the outcome, cases involving deaths in or after police custody remain among the most closely scrutinised in Kenya's justice system because they test public confidence in the rule of law, police accountability and the constitutional rights guaranteed to every person under arrest.