Kenya Defines Legal standards Forensic Evidence

Wildlife law enforcement officers for a long time have lost legal battles in court due insufficient evidence. Most cases regarding wildlife and wildlife products have been thrown out due the fact that the enforcement officers are not able to “proof beyond reasonable doubt” either the species or even link a wildlife product to a particular poaching incidence. Forensic evidence is an important tool in the adjudication of criminal evidence and DNA evidence is one of the most reliable forms of forensic evidence utilized in courts world over. Kenyan courts have stated that technology and science is often brutally accurate meaning that from the face value, the courts will accept the accuracy of forensic evidence unless there is doubt created by the defense. This technology will deter if not stop, wildlife crime.

Wildlife forensics in Kenya is a relatively new field of criminal investigation, its procedures examines, identifies, and compares evidence from wildlife crime scenes and links the evidence with a suspect. Illegal trade in wildlife products has become a serious menace and a major conservation challenge in Kenya today. Consequently, evidence must be reliable if the court is to be able to use it in reaching a just decision.

Legal minds, scientists, and law enforcement officers at a session.

For the first time Kenya has held a legal standards workshop that has brought together legal minds, scientists and law enforcement officers from different government agencies. The workshop was one of the four objectives of the Global Impact Award project funded by Google. This projects aims to construct a DNA Barcode reference library.  The DNA barcode library will be constructed using short gene sequences taken from standardized portions of the genome used to identify species. This library will be used by Forensic DNA barcoding labs as a reference while prosecuting wildlife crime offenders. 

Some of the factors contributing to illegal trade in wildlife and wildlife products include poverty, human population increase and encroachment into wildlife areas, in effective legal deterrent measures, low input costs involved in the trade, and increasing antipathy towards wildlife land owners.

Due to the fact that wildlife crimes are strict liability crimes, the standard of proof is lowered compared to penal crimes because the prosecution does not have to prove the criminal intent of the accused person.In criminal cases the burden of proof for forensic evidence is the prosecution relying on the evidence meaning that all procedural aspects relating to that evidence must be followed to avoid any doubt being raised in the admissibility of that evidence.

Kenya Wildlife Service is establishing a wildlife forensic laboratory to be based at its headquarters in Nairobi. The establishment of the laboratory is critical to sustain convictions in courts of law and eventually deter wildlife crimes. This laboratory will utilize this barcoding library for identification of bush meat and wildlife products.

Dr. David Schindel (2nd L front row) the Executive Secretary of Consortium for the Barcode of Life Project join participants  from Kenya Wildlife Service, National Museums of Kenya, The Judiciary, and the Government Chemist for a group picture. With him are the Co-chairs of the Barcode of Wildlife Project in Kenya Dr. Beatrice Khayota (far L front row) Principal Research Scientist at National Museums of Kenya, and Mr. Patrick Omondi Deputy Director Kenya Wildlife Service. Far R front row is Dr Gila Kahila Bargal from Israel.