Guidance

Kenya bereavement pack

Updated 13 October 2022

1. Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

2. KENYA: bereavement information

3. Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office, which applies to all countries.

Please note, as each country has its own laws and customs, when a death occurs it may not be possible to make the arrangements that you prefer, or at the time you would like.

4. How to contact the Foreign, Commonwealth & Development Office

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the Foreign, Commonwealth & Development Office in London on 0207 008 5000.

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate

The priority of the Foreign, Commonwealth & Development Office is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

5. Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

A surviving spouse or close relative will normally be recognised by the authorities in Kenya as next of kin. For probate/succession matters or if there is any dispute over the next of kin, legal advice should be sought.

The local authorities do not always notify the next of kin or the British High Commission of the death of a British national.

If the next of kin is not in Kenya, the local authorities may require a letter of no objection or authority from them before a post mortem can take place or funeral arrangements can be made. The local authorities may request such a letter from family members even where, for example, there is a second wife or family in Kenya. If required, it should include the next of kin’s full name, passport details and relationship to the deceased and the details of the person being authorised to act on their behalf.

5.1 Release of information to next of kin

The Foreign, Commonwealth & Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

Obtaining information can be particularly challenging in Kenya if the authorities decide to conduct an investigation into the death. The local authorities do not routinely update the family and often lack the resources to call the next of kin, particularly when this involves international calls.

In the event of an investigation, information may not be released until all investigations into the death are complete. Copies of official police records are not normally provided to the next of kin. Where documents are requested by the coroner in the UK, the British High Commission can make an official request but information can take months, or, in some cases years to be forthcoming and requests are not always successful.

In some circumstances a local lawyer may be able to assist with obtaining information.

6. Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements, or be able to cover some of the costs.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The Foreign, Commonwealth & Development Office cannot help with these costs.

7. Appointing a funeral director

If you decide to bring the deceased to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK

If you decide to hold a funeral or cremation in Kenya, the British High Commission produces a list of funeral directors in Kenya

The next of kin can approach a funeral director directly or, if the deceased had insurance then the insurance company will generally appoint one themselves.

Once appointed, the funeral director will be able to make the arrangements and obtain the paperwork, including the death certificate, on behalf of the next of kin.

8. Registering the death and obtaining a death certificate

You will need to register the death with the local authorities in the country where the person died. Sometimes a funeral director can do this for you. You will usually need documents about you and the person who has died, which include information such as full name, date of birth and passport number.

The local authorities will need to be told if the person suffered from an infectious condition such as hepatitis or HIV so they can take precautions against infection.

You do not need to register the death with the UK authorities. The local death certificate can usually be used in the UK for most purposes, including probate. If it is not in English, you will need to obtain and pay for an official translation.

In Kenya, a funeral director will be able to obtain the death certificate on behalf of the next of kin. The certificate is generally available prior to repatriation but there can be delays. If the next of kin requires more than one death certificate, they should liaise with the funeral director.

If the next of kin is in Kenya, applications can also be made through the civil registration office, their local Huduma centre or through E-citizen.

The information and documentation required will include:

• Passport/ID of the deceased
• Burial permit
• Place of death
• Cause of death
• Name as shown on ID
• Date of death
• Age
• Occupation
• Address

A fee is payable for the death certificate.

The death certificate is written in English and includes the name, age, occupation of the deceased, the date, place and cause of death.

9. Consular death registration

You do not have to register the death of a British national that occurs overseas with the UK authorities. You can sometimes apply for a consular death registration. This is not mandatory and cannot be used instead of a death certificate from the country where the person died. It is only available in some countries. If you wish to do this, you can find more information on registering a death and apply online

10. Post mortem examinations (autopsies)

Post mortems are usually required by law in the following circumstances: sudden, unexpected deaths, suspicious deaths, accidents (eg road accidents, drowning) and terrorist related deaths. Sudden, unexpected or unexplained deaths are investigated by the police and should be reported to them.

Exceptionally, the requirement for a post mortem may be waived or alternative methods of identifying specific injuries may be permitted but this would need to be authorised by the competent local authority and the office of the chief government pathologist. The lack of a post mortem may limit the ability of the local authorities to investigate the cause of death.

Post mortems may also be carried out in other circumstances, for example for insurance claims, at the request of the family, at the request of the police/local authorities, at the request of an overseas government authority or where there is a medical/legal issue.

Post mortems generally take place at a mortuary attached to a hospital or, in some cases, a funeral home.

Unless the State agrees to meet the cost of a post mortem payment or guarantee of payment may be required before it is carried out. This applies even where the case is of interest to the police.

A local funeral director can help with the arrangements for the post mortem.

During a post mortem organs may be removed for examination.

Organs, parts of organs and tissue samples may be retained for further tests or further examination - the next of kin may not be advised of this.

Any samples or organs that are taken are listed on the post mortem report.

It is unlikely that organs or samples taken would be returned to the family.

Where samples or organs are sent to the Government Chemist for analysis or toxicology it can take some weeks or months for these results to be available.

If the post mortem report forms part of the police file, it is not normally made available to the next of kin though the cause of death is noted on the death certificate. If a post mortem is performed privately at the next of kin’s request, the pathologist may provide a copy of the report.

11. Mortuary facilities

Standards vary, but the conditions and facilities of mortuaries and funeral homes can be basic and differ to those in the UK. This can be distressing. Many mortuaries in Kenya have refrigerated storage but outside the major towns this may be limited.

A daily mortuary charge is payable.

Family and friends can arrange with the mortuary to view the body if they wish to do so.

In some cases (for example before a post mortem), the police and/or the pathologist usually ask a family member of the deceased to view the body for identification purposes.

If the next of kin is not present in Kenya the local authorities may require written permission for a friend or other representative to perform the identification on their behalf.

In rare cases, identification through DNA or fingerprints may be necessary.

12. Burial, cremation, repatriation

The next of kin of the person who has died will usually need to decide between a local burial, cremation or bringing the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available, the costs, and help you make arrangements.

Once the cause of death has been established, a burial permit and register of death will be issued. These documents are used to obtain the death certificate.

The burial permit gives permission for funeral arrangements to proceed.

If the deceased had travel insurance, the insurance company may appoint a funeral director to assist with arrangements.

If there is no insurance, the next of kin will need to appoint an international or local funeral director.

A number of funeral directors in Kenya are able to carry out repatriations and have links with international undertakers and insurance companies. The original burial permit, embalming certificate and a copy of the registration of death/death certificate are usually required for repatriation. A copy of the deceased’s passport may be required. Some airlines also require a Letter of No Objection from the British High Commission which can be issued with the permission of the next of kin. The funeral director will be able to arrange for the documentation necessary.

It is possible to arrange for a cremation to take place in Kenya. Most cremations are performed by arrangement with the Hindu Union and most take place on a funeral pyre though the Nairobi city council also offer cremation services.

Ashes can be sent to the UK or scattered locally. Airlines may have restrictions or specific requirements for carrying ashes and the next of kin or funeral director should check direct with the carrier as to their requirements.

It is possible to arrange a burial in Kenya.

The embalming procedure (required for repatriation) may have an impact on the efficacy of any subsequent post mortems (for example, if one is ordered by a Coroner in England or Wales).

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

13. Return of personal belongings

If the person who died had insurance, check with the insurance company if this covers the return of their personal belongings.

Unless covered by the insurance company, the cost of returning the belongings is met by the next of kin.

Personal belongings are usually made available to the next of kin or their representative, unless required as part of a police investigation.

If the deceased is being repatriated it is recommended that the next of kin makes arrangements with the funeral director, insurance company or with a courier company.

If items are required by the authorities as part of an investigation or judicial process, they may not be available to be returned until the completion of the enquiry. This can take some time. A local lawyer may be able to follow up with the authorities.

Please note, the British Embassy, High Commission or Consulate cannot take responsibility for the personal belongings of the person who died.

14. Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide about what to do when someone dies

15. British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with Her Majesty’s Passport Office (HMPO). To do this, you will need to complete a “D1 form”.

The form and instructions on where to send the passport is available online

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated.

16. Child deaths

There are no specific procedures for deaths involving children.

17. Deaths in road traffic accidents

The police may require a post mortem to be conducted in the event of a road traffic accident.

Police records are generally confidential and are not routinely given to family members.

18. Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the Foreign, Commonwealth & Development Office will be available to provide support, including by referring you to a specialised organisation. You can find more about how the FCDO can help with manslaughter and murder abroad

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests below.

The Kenyan police will investigate the death, referring the investigation to the Kenyan Department of Criminal Investigations where relevant. Sudden, unexplained or suspicious deaths are reported to the magistrate in the jurisdiction in which the death occurred. Investigation standards and support from the local authorities may differ from those in the United Kingdom.

The police may discuss the case with the Office of the Director of Public Prosecutions (ODPP) during the investigation and the case will be referred to the ODPP at the conclusion of the investigation.

Depending on the circumstances, an inquest may take place or, if an arrest is made, a criminal case may begin.

Any judicial process in Kenya, including inquests and trials, can take many months or years to reach a conclusion. You may wish to engage the services of a local lawyer to represent your interests, legitimately make enquiries on your behalf and give you accurate legal advice about the Kenyan judicial system and how to raise any concerns.

Some procedures may vary, including identification requirements, if the death was through terrorism.

19. UK coroners and inquests

If you repatriate the person who died to England and Wales, there may be an inquest. The decision on when to hold an inquest is made by Her Majesty’s Coroner. Please note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on Coroners and the Procurator Fiscal in the FCDO guide on death abroad

20. Legal Aid

Legal aid is only available in extremely limited circumstances.

You may wish to consult the FCDO’s list of English speaking lawyers in Kenya

21. Compensation

You can find information on UK compensation for victims of terrorism overseas

No compensation schemes are available in Kenya.

22. Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the guide general information on death abroad