A Kitui assistant chief is out on bail after being formally charged with neglect of duty for allegedly issuing a burial permit without the required medical certificate of death. The case puts a spotlight on the critical role local administrators play in upholding public health and legal protocols.

The arrest of Mwathiki Musili, the Assistant Chief of Kamuthanga Sub-Location, cuts to the heart of a crucial question: why is a simple piece of paper so important? For Kenyan law enforcement, the answer is clear. A burial permit issued without a doctor's confirmation of the cause of death can conceal criminal acts, obstruct justice, and pose risks to public safety.

Detectives from Tseikuru Sub-County apprehended Musili following an investigation into the improperly issued permit. In a statement, the Directorate of Criminal Investigations (DCI) noted that such an oversight is a "serious violation of protocol." Following the investigation, the Office of the Director of Public Prosecutions (ODPP) gave the green light to prosecute.

A Question of Protocol

Under Kenyan law, a medical certificate is the first step in registering a death and obtaining a burial permit. This process ensures that all deaths are accounted for and that any suspicious circumstances can be investigated. Assistant chiefs, as the government's grassroots representatives, are often the final authority in issuing these permits, making their diligence essential.

The charges against Musili are rooted in the Kenyan Penal Code. He is accused of Neglect of Official Duty, Contrary to Section 128, as read with Section 36.

• Section 128: This section holds any person in the public service guilty of a misdemeanour if they wilfully neglect to perform a duty they are bound by law to perform.
• Section 36: This provides for the general punishment for misdemeanours not otherwise specified, which can include imprisonment for up to two years, a fine, or both.

Appearing before the Kyuso Law Court, Musili pleaded not guilty to the charges. He was released on a bail of KES 70,000.

The case is scheduled for mention on January 7, 2026, when the legal proceedings will continue. It serves as a stark reminder of the responsibilities carried by local administrators and the serious consequences of failing to adhere to established legal procedures.