LSK & KNCHR Launch Investigation Into Simon Warui’s Death in Custody

Nairobi, Kenya — 2025-09-22 18:00 EAT.

The Law Society of Kenya (LSK) and Kenya National Commission on Human Rights (KNCHR) have begun a joint inquiry into the death of Simon Warui, who was found dead in a cell at Mombasa Central Police Station after being reported missing from Nairobi’s Umoja I Estate. Warui’s family and civil society are demanding an independent, transparent investigation and accountability for those responsible.

1) The Latest

• Warui, aged 26 and a father of a three-year-old, went missing on Sunday, September 14, 2025 in Umoja I Estate, Nairobi, at around 10:00 AM, according to family accounts. 

• His disappearance was officially reported at Embakasi Police Station. Days later, his body was discovered in a cell at Mombasa Central Police Station. 

• A post-mortem exam at Coast General Teaching & Referral Hospital found evidence of neck fracture/dislocation, spinal haemorrhage, a 5cm irregular scalp wound, ligature marks (3mm), and other injuries consistent with falls from a height. 

• LSK President Faith Odhiambo confirmed LSK has appointed an advocate to represent Warui’s family, monitor investigations, and ensure accountability. The Society is working with civil society partners and KNCHR to ensure a conclusive probe. 

Status: Investigation just launched; public and legal pressure mounting.

2) Context in Brief

• Deaths in police custody have been a recurring concern in Kenya. Previous high-profile cases include Albert Ojwang (Nairobi) and Raymond Nachibati (Kakamega), both of whom died under unclear circumstances shortly after detention. 

• The authorities have repeatedly been called upon to improve oversight mechanisms such as the Independent Policing Oversight Authority (IPOA) and judicial action for police misconduct. 

• Families of missing persons often face long delays or opaque investigations when persons are discovered dead in custody, leading to distrust of law enforcement and demands for reform.

3) Law, Policy & Process

• Constitution of Kenya, Article 25 & 49: Right to life, freedom from torture; guarantee of due process and humane treatment in police custody.

• Independent Policing Oversight Authority (IPOA) Act: Mandates investigation of deaths in custody and oversight of police conduct.

• Post-mortem Reports & Forensic Rules: Under Kenyan law, medical examiners must determine cause of death in custody ‒ evidence is admissible in courts.

• What should happen legally:

  1. IPOA should open an investigation into the custodial death.

  2. The Kenya Police Service must preserve evidence from the cell, custody logs, CCTV (if available).

  3. The court should permit family access to forensic reports, medical records.

  4. Prosecutorial authorities may bring charges if evidence implicates negligence, misconduct, or abuse.

   

4) Voices & Stakeholders

• LSK (Faith Odhiambo, President):

  “We have appointed an advocate to represent the family… to ensure the full truth and circumstances leading to Warui’s death are uncovered, and the persons involved are held to account.” 

• Family / Relatives:

  According to his cousin, Godfrey Gichuru, Warui had called his wife and brother from a Mombasa number, informing them of his location, which raised questions given his disappearance in Nairobi. 

• Civil Society / Human Rights Groups:

  KNCHR is partnering in the probe; rights activists are planning demonstrations across Mombasa seeking transparency and immediate accountability. 

• Public & Legal Observers:

  Many are questioning police procedures, the transfer from Nairobi to Mombasa, the cause of the injuries, and whether officials will face legal consequences.

5) Evidence & Data Box

Element	Details	Source / Date
Age of Simon Warui	26 years	Family statements, Sept 2025
Missing Report Location	Umoja I Estate, Nairobi; reported to Embakasi Police Station	Family testimonies
Discovery Location	Police cell at Mombasa Central Police Station	Official reports
Post-mortem Key Findings	Neck fracture/dislocation; spinal haemorrhage; ligature marks; scalp wound	Coast General Teaching & Referral Hospital, Sept 2025
Appointed Advocate	LSK has assigned an advocate to the family	LSK statements, Sept 2025

6) Risks, Implications & Scenarios

• Accountability & Legal Action: If evidence shows negligence or abuse, criminal charges could follow against police officers or station leadership.

• Judicial Precedent: Proper enforcement may reinforce oversight mechanisms for custodial deaths, pushing IPOA and courts to act more swiftly.

• Public Trust & Police Reform: Cases like this affect public confidence in policing; lack of transparency may fuel protests or civil disobedience.

• Diplomatic / Human Rights Impacts: Could affect Kenya’s international standing concerning human rights obligations and possibly invitations for external oversight.

7) What We Don’t Know Yet

• Which officers or officials were in charge of custody and processing at the time of Warui’s detention and death.

• Whether CCTV footage, custody logs, and medical records are intact and accessible.

• The full medical examiner’s report in detail (beyond initial post-mortem summary).

• Why Warui was transferred from Nairobi to Mombasa, if that is indeed factual, and under what authority.

• The timeline for IPOA or prosecutorial action following the legal and civil society push.

8) Timeline

• 2025-09-14 (~10:00 AM): Warui reports missing in Umoja I Estate, Nairobi. Family files missing persons report at Embakasi. 

• Following days: Warui found dead in Mombasa Central Police Station. 

• Post-mortem report: Conducted at Coast General Teaching & Referral Hospital; injury findings documented. 

• 2025-09-22: LSK confirms appointment of advocate; joint probe with KNCHR initiated. 

9) What to Watch

• Outcome of IPOA’s involvement: when their investigation report will be published.

• Prosecution: possible criminal charges against officers if wrongdoing is established.

• Parliamentary or judicial oversight: debates or hearings on custodial deaths.

• Government response: whether new policy/regulation or training for police will follow.

Related Coverage

• Explainer: Independent Policing Oversight Authority (IPOA) and its mandate

• Analysis: Custodial Deaths in Kenya — Patterns and Reforms Needed

Editor’s Note: This article will be updated with further findings, statements, and legal documents as they become available.

Corrections: None at time of writing.