Noordin Haji gave the order Thursday after a magistrate leading an inquest into the death of Alexander Monson, the 28-year-old son of British aristocrat Nicholas Monson, recommended that the officers be charged with murder.
Magistrate Richard Odenyo in the coastal city of Mombasa said the officers tried to cover up their action by saying Alexander Monson died of a drug overdose.
Police had arrested Monson in the beach resort of Diani for possession of cannabis.
In his ruling, Mr. Odenyo said there were inconsistencies on the part of some witnesses who testified, including police officers.
Mr. Odenyo further noted that pathologists agreed that the cause of death was intra cranial pressure caused by a blunt object.
According to the magistrate, the injury to the deceased was inflicted between 2am and 4am when the he was in custody.
“The police should state what caused the trauma, the deceased had a right to life,” said Mr Odenyo, adding that a copy of the ruling will be forwarded to the DPP.
Mr Monson’s family has welcomed decision, saying justice has been done.
Alexander, 28, died on May 19, 2012 while undergoing treatment at a hospital in Diani after he had been arrested and locked up in cells at Diani Police Station.