KWS Forensic and Genetics laboratory Commissioned

A KWS member of staff at the laboratory explains to Cabinet Secretary 
Prof. Judi Wakhungu and other dignitaries the process of operation of 
a gel electrophoresis machine and UV visualizer to view DNA results

Kenya Wildlife Service (KWS) now has a state-of-the –art forensic and genetics laboratory, making Kenya the second country in Africa after South Africa to apply Wildlife DNA forensic analysis in wildlife law enforcement.

The new facility at the KWS headquarters in Nairobi will aid in the provision of accurate identification of wildlife and wildlife products in order to strengthen prosecution of wildlife crimes. Kenya Wildlife Service (KWS) now has a state-of-the –art forensic and genetics laboratory, making Kenya the second country in Africa after South Africa to apply Wildlife DNA forensic analysis in wildlife law enforcement.

This is important because the rate of poaching for bush meat and trophies especially for rhino horns and ivory is leading to alarming decline of wildlife biodiversity. The rhino and the elephant which are classified as critically endangered and endangered respectively under the IUCN Red List of Threatened Species and Appendix 1 of CITES are particularly affected.

Cabinet Secretary for Environment and Natural Resources, Prof. Judi Wakhungu, speaking during the commissioning of the laboratory said, “In order to address some of these challenges it is imperative that we enact progressive and stringent policies that would deter criminals as well as adopt modern technology that would assist the criminal justice system to effectively convict and grant appropriate sentences as prescribed in law to wildlife crime perpetrators”.

Prof. Wakhungu said Kenya is currently collaborating with South Africa to develop the Rhinoceros DNA Indexing System under what is commonly known as the “RHODIS” Project. “Upon completion of this project, Kenya shall have a credible gene and data bank of our rhinos for effective monitoring and application of other interventions that would increase and sustain our populations”, she said.

The launch of this laboratory, the Cabinet Secretary said, marks a milestone in the implementation of the Wildlife Conservation and Management Act, 2013 that has given the mandate of establishment of wildlife forensic laboratories to Kenya Wildlife Service. “It also demonstrates the commitment of the Government in eradicating wildlife crimes that posse major threats to our economy that is largely based on wildlife-tourism”, she said.

KWS Acting Director General Mr. William Kiprono says the facility shall revolutionise and radically change the manner in which investigations involving wildlife crimes shall be handled forthwith. “Proper application of wildlife DNA forensic analysis shall provide crucial evidence that would link with certainty a wildlife crime offender to the particular offence for which they are charged of”, he said.

Expected Benefits of the Laboratory:

• Reliable identification of wildlife and wildlife products will enhance prosecution and convictions of wildlife crime cases.
• Establishment of a database of species genetic markers that will aid in quick reliable identification of wildlife and wildlife products.
• Increased convictions of wildlife crime cases is envisaged to deter offenders and thus reduce rate of illegal harvest of wildlife and their products
• The laboratory will be one of its kind in the entire East and Central Africa, hence it will serve these countries towards curbing wildlife crimes.
• Since Kenya is a hub for international flights, smuggled wildlife and or wildlife products are frequently confiscated at the JKIA. The laboratory will aid the identification and possible source of products such as rhino horns especially once the rhino DNA indexing database is completed.
• It will assist in the certification or licensing for export of products whose identification is suspect e.g. ornaments made from animal products, for business or research. This will curb illegal exploitation of Kenya’s biodiversity and genetic resources.

The laboratory will be the only platform for enhancing wildlife genetics research.

Uhuru Kenyatta Sets Fire to 15 Tonnes Of Elephant Ivory

3 MARCH 2015 - Kenyan President Uhuru Kenyatta (R) set fire to 15 tons of elephant tusks during World Wildlife Day to discourage poaching. (Photo: CARL DE SOUZA/AFP/Getty Images)

Kenyan President Uhuru Kenyatta has set fire to 15 tonnes of elephant ivory as part of the East African nation's efforts to curb poaching.

Kenyatta vowed to destroy the country's entire stockpile of illegal tusks by the year's end. The 15 tons destroyed was worth some $30 million on the black market and represented up to 1,500 slaughtered elephants, making it the largest consignment to be destroyed in Kenya.

Kenyatta said 25 years after the historic banning of the ivory trade, new demand from emerging markets is threatening Africa's elephants and rhinos. Kenyatta said African countries are concerned about the scale and rate of the new threat to endangered wildlife species.

Higher demand for ivory is fueling the elephant killings by poachers across Africa. Save The Elephants said last year that 100,000 elephants were killed in Africa between 2010 and 2012. On Thursday, China imposed a one-year ban on ivory imports amid criticism that its citizens' huge appetite for ivory threatens the existence of Africa's elephants.

While we await the commissioning of Forensic lab within the next couple of months, we are conducting forensic analysis to aid in crime scene management. The latest forensic approach is considered a weapon that may lead to a significant reduction in elephant poaching, both in Africa and Asia where they are now classified as endangered species.

JULY 1989 - President Daniel Arap Moi sets fire to tusks worth 3 million US dollars confiscated from poachers by Kenyan Game Wardens. Photo by Tom Stoddart- Getty Images

JULY 2011 - President Mwai Kibaki set light to nearly 5 tons of contraband ivory in Tsavo West National Park. Photo by Amboseli Trust for Elephants

National Wildlife Festival marks World Wildlife Day

On December 20, 2013 the United Nations General Assembly proclaimed 3 March as  World Heritage  Day to celebrate and raise awareness of the  world's fauna and flora.

The date was adopted by Convention on \international Trade on Endangered Species of wild  fauna and flora. 

This year Kenya participated in this global celebration of wildlife by hosting a national celebration of her unique wildlife heritage through a week long National Wildlife Festival. 

The Kenya Wildlife Festival is an opportunity for all Kenyans from all walks of life to learn about wildlife through a variety of means inducing exhibits, music, debates, films, and citizen science projects.

Anti-elephant Poaching Fight Gets Boost as DNA Now Used to Track Ivory

By Business Daily

The latest forensic approach is considered a weapon that may lead to a significant reduction in elephant poaching, both in Africa and Asia where they are now classified as endangered species.

The wildlife trade monitoring network, TRAFFIC, is deploying a new forensic weapon–DNA testing–to track illegal ivory products responsible for the slaughter of hundreds of endangered elephants in Asia and Africa.

Widely used in criminal cases, forensic DNA examination (Deoxyribonucleic acid) can help identify whether an elephant tusk is from Asia or Africa.

A customs officer holds a piece of carved ivory, part of seized ivory to be destroyed, at the Royal Museum for Central Africa in Brussels . AFP

“The ability to use DNA and other forensic expertise provides great support to law enforcement, said Adisorn Noochdumrong.

Asked whether this is a first, Dr Richard Thomas, global communications coordinator at the UK-based TRAFFIC, told IPS: “It’s the first time I’m aware of when it’s been used to test ivory items for sale to prove their (illegal) provenance.”

However, he added, it’s worth noting that at the March 2013 meeting of CITES (the 1975 Convention on International Trade in Endangered Species), State Parties to the Convention were instructed that forensic information should routinely be gathered from all large-scale seizures of ivory (500kg).

Hence this is also an important demonstration of one technique that can be employed in the fight against the illegal trade in endangered species, he said. The current project is a collaborative effort between Thailand’s Department of National Parks, Wildlife and Plant Conservation (DNP) and TRAFFIC, to battle the widespread illegal trade of ivory in Thailand.

Asked whether African countries have similar projects in collaboration with TRAFFIC, Dr Thomas told IPS, “Not currently, although the scope of DNA and stable isotope analysis of ivory are being examined by others as means to determine the geographic origin of ivory within Africa.”

He also pointed out that any wildlife product, by definition, is associated with life and therefore open for DNA examination.

“So, in theory it could be a very widely employed technique in addressing wildlife trafficking.”

According to the World Wide Fund for Nature (WWF), the Sri Lankan and Sumatran elephants are on a list of endangered species, along with the black rhino, mountain gorilla, Bengal tiger, the blue whale and the green turtle, among others.

WWF says the global illicit wildlife trade is estimated at over 10 billion dollars annually and is controlled by criminal networks.

Specifically on the ivory trade, Dr Thomas told IPS, “We’re very wary about speculating over black-market prices – in part, because they’re black market and therefore unverifiable, but more because of anecdotal evidence that high prices quoted in the media can lead to interest from the criminal fraternity in getting involved in trafficking.”

In a report released here, TRAFFIC said 160 items of small ivory products legally acquired by researchers, primarily from retail outlets in Bangkok, were subjected to DNA analysis at the DNP’s Wildlife Forensics Crime Unit (WIFOS Laboratory). The aim of the exercise was to determine whether the ivory products were made from African elephant or Asian elephant tusks.

The African elephant Loxodonta africana is found in 37 countries in sub-Saharan Africa, and the Asian elephant Elephas maximas is found in Thailand and 12 other Asian countries.

The study also said forensic results show that African elephant ivory accounted for a majority of the items tested.

“Whilst the relatively small number of samples cannot be considered as representative of the entire ivory market in Thailand, it indicates that African elephant ivory is prominently represented in the retail outlets in Bangkok,” it noted. This capability supports the enforcement component of Thailand’s revised National Ivory Action Plan (NIAP) submitted to Convention on International Trade in Endangered Species (CITES in September 2014.

The plan was developed to control ivory tradein Thailand and strengthen measures to prevent illegal international trade and includes a strong focus on law enforcement and regulation, including the execution of a robust ivory registration system, according to the report.

“The ability to use DNA and other forensic expertise provides great support to law enforcement,” said Adisorn Noochdumrong, acting deputy director general of DNP.

“We are deeply concerned by these findings which come just at the moment a nationwide ivory product registration exercise is being conducted pursuant to recently enacted legislation to strengthen ivory trade controls in Thailand,” he added.

The report said the Thai government last month passed new legislation to regulate and control the possession and trade of ivory that can be shown to have come from domesticated Asian Elephants in Thailand.

With the passing of the Elephant Ivory Act B.E. 2558 (2015), anyone in possession of ivory – whether as personal effects or for commercial purposes – must register all items in their possession with the DNP from January 22 until April 21. Penalties for failing to do so could result in up to three years imprisonment and/or a maximum fine of Thai Baht 6 million (nearly 200,000 dollars).

“We remind anyone registering possession of raw ivory or ivory products under Thailand’s new laws that African elephant ivory is strictly prohibited and ineligible for sale in Thailand,” said Noochdumrong.

-IPS

Business Daily is A NATION MEDIA GROUP PUBLICATION

Status of Wildlife Crime in Kenya

KWS Ag. Director General, Mr. William Kiprono
issues a statement on status of wildlife conservation in
Kenya during a press conference at KWS headquarters
 in Nairobi.

As is the general trend globally and in the region, we are witnessing an emergence of new challenges in wildlife security. Wildlife crime has evolved over time and the situation is presenting increased challenges to wildlife conservation in the country.

In the recent past, wildlife crime has been exacerbated by climate change, human population pressure and dynamics in the global economic order. Growing affluence and economic growth in East and South-East Asia contributed immensely to increased demand for rhino and ivory. The rising demand and price of ivory and rhino horn in the illicit market continues to drive poaching. Consequently, Kenya’s wildlife (rhinos, elephants and the large cat family) are among the contraband products driving illegal wildlife trade globally.

Poaching has become more organized, sophisticated and international in nature and is occurring across all their ranges including in those areas that were hitherto considered safe havens. Proliferation of small arms in the region and in the illegal hands of citizens in areas hosting wildlife is a big threat to the security of wildlife as these weapons are used in poaching in addition to committing other crimes. Poachers are now using poison arrows to kill elephants – which is a silent and dangerous method of killing elephants as it is not easy to detect.

Available evidence indicates that the years 2011, 2012 and 2013 witnessed the highest levels of poaching since the poaching crisis of the 1980’s. "For example, Kenya lost 47 elephants and 5 rhinos to poaching in year 2007 as compared to 384 and 30 in year 2012, and 302 elephants and 59 rhinos in year 2013 respectively. But we are glad that we are seeing some light at the end of the tunnel, thanks to concerted efforts by many stakeholders, including you. Last year, only 164 elephants and 35 rhinos were poached representing about 47 per cent and 40.7 per cent, respectively, representing a significant decrease from previous years. While these figures are indicative of the success of our concerted efforts, they still represent damage to our wildlife capital." KWS Ag. Director General, Mr. William Kiprono during the press conference.

Furthermore, a total of 50 firearms and 616 rounds of ammunition and 5 tonnes of ivory were recovered during 2014. During the year, a total of 1,430 suspects were arrested and prosecuted for various wildlife law offences. "This represents a 7.68 per cent decrease compared to the previous year which had 1,549 arrests. We have successfully prosecuted and secured convictions of up to 51 of the 306 cases handled by our officers within the provisions of the new law." Said Director Mr Kiprono.

The highest penalty in 2014 was 9 years imprisonment with an option of a fine of Ksh. 20 million. Other cases are still pending before various courts of law across the country.

To enhance wildlife security, strengthen law enforcement and address wildlife crime, KWS has deployed specific security interventions. These strategies include:

• Identification, surveillance and profiling of trophy dealers.
• Arresting and prosecuting offenders.
• Active security operations to hunt down poachers.
• Establishment and strengthening of specialized security units which are deployed throughout the country.
• Deployment of Canine Unit at Jomo Kenyatta and Moi International Airports in Nairobi and Mombasa, respectively, to enhance detection of contraband ivory.
• Training and building the capacity of law enforcement personnel
• Formation and deployment of Inter-Agency Elite Anti -Poaching Unit in poaching hot-spots
• Collaboration with other national security agencies and the regional Lusaka Agreement Task Force as well as cross border collaboration with other countries in the region.
• Reaching out to local communities to be partners in wildlife law enforcement

"Internally, KWS is continuously building staff capacity to deal with these challenges. We also recruited and deployed additional 566 rangers to enhance wildlife security and enforcement actions. Several specialized training and equipment have been provided to security units to improve on their efficiency and effectiveness. 

Mr Kiprono said "while we await the commissioning of Forensic lab within the next couple of months, we are conducting forensic analysis to aid in crime scene management. Samples of various species, especially the key species have been collected for DNA profiling to assist in identification and monitoring of wildlife species. Very soon, this lab will aid in evidence gathering and securing convictions in courts of law."

National Elephant Conference

Land use pressure, habitat loss, human elephant conflict (HEC), and illegal killing for both meat and ivory continue to pose threats to the long-term survival of elephant populations across Africa. Recent research also points to climate change and the increasing frequency of droughts as a major threat to elephant populations.

An elephant family In Tsavo East National Park

Although knowledge on the status of African Elephant across their range has been progressively improving since the mid-1990’s when considerable resources began to be channeled into compiling and producing regular updates of the continental status of elephants with a standardized measure of certainty, large gaps still remain.


In Kenya, enormous efforts have been applied in elephant conservation. The Kenya Wildlife Service (KWS) and other conservation partners have been implementing initiatives geared towards protection, population expansion, mitigation of HEC and research and monitoring for management, as is outlined in the Conservation and Management Strategy for the Elephant in Kenya 2012-2021.


These initiatives have mostly been implemented independently by each party, with little efforts for synergy, hence reducing the overall positive impact to elephant conservation that could be accrued from a similar magnitude of efforts.

It is with this background that KWS will host a national elephant conference at its headquarters in Nairobi, along Langata Road on the 18th and 19th of February, 2015 that will bring together elephant conservation partners from across the country to discus contemporary elephant conservation needs, challenges and future outlook, and whose main objectives will be to monitor and evaluate progress in implementation of the national conservation and management strategy for elephant in Kenya and explicate synergy in information sharing among the relevant stakeholders.

The conference will run for two days and will be structured in such a way that presentations by various speakers will be grouped into related topics namely: elephant ecology, habitat utilization, HEC, genetics, illegal off take and trade.

The expected achievements from the conference include; new knowledge on elephant conservation and management dynamics, Synergy among elephant conservation partners, a roadmap to the implementation of the national elephant strategy and identification of gaps in knowledge on elephant conservation and management.

Ivory Smugglers Arrested in Nairobi

Three smugglers were early Tuesday (December 30th 2014) nabbed by Kenya Wildlife Service (KWS) Security personnel ferrying four pieces of ivory weighing fourteen kilogrammes. 

The three were  arrested at Kayole junction along Nairobi’s kangundo road ferrying the contraband ivory on a motorbike.

The suspects were remanded at the Langata police station awaiting appearance in court to answer to charges of illegal possession and trafficking of wildlife trophy.

Meanwhile KWS security operation team in Tsavo West National Park has arrested eighteen herdsmen for illegal livestock grazing in the park. The herdsmen have been remanded at the Taita Taveta police station and are due to be aligned in court for illegal grazing in a protected area.

 Livestock incursion in Kenya’s National Parks and Reserves is one of the major threats to wildlife conservation. The livestock deplete food and water resources for wildlife and poachers take advantage of these incursions by posing as herdsmen. Besides, livestock intruding the protected areas pose the danger of spreading diseases.

2014 Conservation Heroes Day Celebrations

Kenya Wildlife Service Director General, Mr. William Kiprono
gives his speech during the 2014 Heroes Day that is commemorated on 
16th December every year to pay tribute to conservation heroes.

Environment, Water and Natural Resources Cabinet Secretary, Prof. Judi Wakhungu says her ministry acknowledges the magnitude of the challenges facing Kenya Wildlife Service (KWS) and other partners in conserving key species, especially rhinos and elephants.

“We are aware that wildlife security threat is a global phenomenon that has largely been driven by the high demand for ivory and rhino horn in many parts of the world. I am happy that key species poaching is now largely under control compared to past levels”, Prof. Wakhungu said during the annual KWS Heroes Day that is commemorated on every 16th of December.

In a speech read on her behalf by Conservation Secretary, Mr. Gideon Gathara at KWS headquarters in Nairobi, Prof. Wakhungu congratulate KWS rangers for the good work they are doing albeit difficult circumstances.

“I encourage you to maintain your patriotism in guarding the country’s natural heritage in the spirit of selfless service to our motherland”, Prof Wakhungu said.

She told Kenyans to remain alive to the fact that wildlife crimes particularly those involving charismatic species such as rhinos and elephants are not the only challenge facing conservation efforts.

“We are grappling with habitat loss, climate change, deforestation, invasive species in our wildlife protected areas, bio-piracy, incompatible land uses, high population growth, diseases and dwindling revenue for conservation” , She said.

The Cabinet Secretary thanked conservation partners in the wildlife sector for continued support. She cited some of the partners for special mention including United Kingdom Government, French Government through French Development Agency (AFD), USA government, German Government and its agencies, Chinese government, Canadian Government through Parks Canada, and a host of other local and international partners and the media.

In his speech, KWS Director General, William Kiprono reiterated the organisation’s unwavering support to the families of conservation heroes killed in line of duty. “I am sending an appeal to conservation partners to come forward and augment the assistance currently being extended to these families”, Mr. Kiprono said.

He thanked well wishers who have extended assistance to families of fallen heroes and singled out for special mention Germany NGO, International Foundation for Nature (NABU) for continued aid to families of departed officers.

Through a memorandum of understanding between NABU and KWS, the NGO has released 8000 Euros, which has already been disbursed to their families. NABU is also in the process of disbursing additional funding to support the families next year.

2nd Legal Standards Workshop Concludes

William M. Narus, Resident Legal Advisor -
U.S. Department of Justice - Nairobi gives his
presentation on Building a Strong Foundation for Cases. 

DNA Evidence has proved a valuable forensic tool in criminal investigations and court cases involving wildlife. Wildlife forensic science applies a range of scientific disciplines to legal cases involving non-human biological evidence. These disciplines include genetics, morphology, chemistry, pathology, and veterinary sciences. Advances in science have made it possible to use DNA analysis for the examination of evidence for a variety of legal issues involving wild animals. The resultant analysis can be used as evidence in the pursuit of criminal prosecution for the case.

Dr. Beatrice Khayota, Principal Research Scientist

 National Museums of Kenya, and Co-Chair of 

Barcode of Wildlife Project Kenya 

gives her remarks.

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 as to the credibility of that evidence.

Mr Patrick Omondi KWS Deputy Director for Species 
Conservation and Management, and Co-Chair of 
Barcode of Wildlife Project Kenya gives his remarks.

This second Legal Standards Workshop objectives were to produce revised legal standards and procedures for the collection, processing and analysis of samples for creation of the DNA Library, and come up with Standard Operating Procedures (SOPs) to be used by law enforcement officers in the collection, documentation, management and processing of samples taken from crime scenes. The workshop was planned to design sampling kits for use in collecting biological samples from crime scenes for subsequent DNA analysis, draft a curriculum for the training of Kenya Wildlife Service rangers in the use of the SOPs and sampling kits, as well as drafting a curriculum for the training of prosecutors in the use of DNA barcode evidence in prosecution of wildlife crimes.

During Legal Standards presentation.

Some of the main goals for Barcode of Wildlife Project (BWP) is to generate a reference library with over 50,000 high-quality BARCODE records, demonstrate effectiveness of the library for investigation and prosecution, and adopt and support the system long-term.

Now in Phase 3 of the project, it revolves building and testing the BARCODE Reference Library and training crime investigators, expert witnesses, prosecutors and magistrates before the final and full implementation in Phase 4.

The 1^st Legal Standards Workshop

Participants formulate SOPs to be 

used by law enforcement officers.

Barcode of wildlife Project Kenya National Project Committee held a legal standards workshop on ‘Legal Standards and Admissibility of DNA Barcode Evidence’, at Kenya Wildlife Service Training Institute (KWSTI) on Monday 19^th August 2013, with participants been drawn from various agencies.

The intention of the 1^st Workshop were to clarify legal issues when collecting samples, adjustments in sampling analysis and chain of custody, stipulate action items leading to standard operation procedures (SOPs), and form working groups for the just concluding phase 2 of the project.

Ettah Muango  KWS Legal Officer
leads participants on the way forward.

It is this workshop came up with legal standards. During collection of samples, scientific standards would suffice.  The chain of custody adopted should show that the item in question is same one collected and that it should be stored in a secure place.  Chain of custody forms should be developed and used for this purpose. 

1^st Workshop noted that the biology of forensic science involves several disciplines and morphology, hence pathology and genetics can be used to identify species for purposes of creating the library. Last but not least, the forensic laboratory should be recognized under the law and forensic experts gazetted as government experts.

Kenya Hold its Second Legal Standards Training

Official opening of the training by Mr Patrick Omondi 
KWS Deputy Director for Species Conservation and Management, 
and Co-Chair of Barcode of Wildlife Project Kenya.

For the second time Kenya is holding a legal standards training that has brought together legal minds, scientists and law enforcement officers from different government agencies.

DNA evidence can be an invaluable tool for identifying and holding perpetrators accountable because it can provide critical information about the offender as well as verify the survivor’s account of what happened during the incident.

To maintain chain of custody, you must preserve evidence from the time it is collected to the time it is presented in court. To prove the chain of custody, and ultimately show that the evidence has remained intact, prosecutors generally need service providers who can testify:

•          That the evidence offered in court is the same evidence they collected or received.
•       To the time and date the evidence was received or transferred to another provider.
•        That there was no tampering with the item while it was in custody.

A presentation by Bill Clark, Chief of Interpol Wildlife Crimes unit

A challenge in proving chain of custody can arise when service providers fail to properly initial and date the evidence or fail to place a case number with it.

A sufficient chain-of-custody process, that is, one that provides sufficient evidence of sample integrity in a legal or regulatory setting, is situationally dependent.

The burden of proof

It’s the imperative on a party in a trial to produce the evidence that will shift the conclusion away from the default position to one's own position. He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party.

Ettah Muango KWS Legal Office gives her views on burden of proof

If there is a real doubt, based upon reason and common sense after careful and impartial consideration of all the evidence, or lack of evidence, in a case, then the level of proof has not been met. Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that one would be willing to rely and act upon it without hesitation in the most important of one's own affairs. However, it does not mean an absolute certainty. The standard that must be met by the prosecution's evidence in a criminal prosecution is that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent unless and until proven guilty.

Legal minds, scientists and enforcement officers discuss 

When evidence can be used in court to convict persons of crimes, it must be handled in a scrupulously careful manner to avoid later allegations of tampering or misconduct which can compromise a case of the prosecution toward acquittal or to overturning a guilty verdict upon appeal. The idea behind recording the chain of custody is to establish that the alleged evidence is in fact related to the alleged crime, rather than having, for example, been planted fraudulently to make someone appear guilty.

Chain of custody in legal contexts therefore, refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of physical or electronic evidence.

Legal minds, scientists and enforcement officers discuss 

Establishing chain of custody is made of both a chronological and logical procedure, especially important when the evidence consists of fungible goods. In practice, this applies to illegal wildlife products which have been seized by law enforcement personnel. In such cases, the defendant at times disclaims any knowledge of possession of the controlled product(s) in question. Accordingly, the chain of custody documentation and testimony is presented by the prosecution to establish that the product(s) in evidence was in fact in the possession of the defendant.

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.

Read the Kenya Defines Legal standards Forensic Evidence

National carrier (KQ) and Born Free Boost the Fight Against Rhino Poaching

Mr. Tim Oloo, Kenya Country Manager, Born Free Foundation hands over Binoculars and GPS equipment for rhino units in Nakuru and Nairobi to Mr. Julius Kimani, KWS Deputy Director Parks and Reserves . Looking on are KQ Customer Service staff.

National carrier, Kenya Airways and international wildlife charity Born Free Foundation have boosted the fight against rhino poaching in Kenya with a donation of surveillance equipment and funds for training to the Kenya Wildlife Service (KWS).

The donated equipment include tents, GPS trackers and binoculars. This is in addition to a KSh350,000 cheque that will go towards training rangers in the KWS Rhino Monitoring Team.

Speaking during the handover of the equipment and the cheque at KWS Headquarters, Kenya Airways’ Marketing Director Chris Diaz said the donation demonstrated commitment by the airline, and its partner, Born Free Foundation, to support conservation of wildlife.

“The fight against wildlife poaching requires concerted efforts from all of us. This is the reason Kenya Airways has chosen to get involved in supporting KWS to fight this vice through skills improvement and equipment,” Mr Diaz added.

On his part, the Kenya Country Manager of Born Free Foundation, Tim Oloo said: "Working together is the only way to succeed in our joint mission to protect and conserve Kenya's – and indeed the world's– wildlife heritage for future generations. Rhinos are symbolic of that heritage - an ancient species whose current plight is entirely as a result of human greed, superstition and ignorance. It is our responsibility and duty to ensure that this amazing creature is not lost on our watch. That is why, in partnership with our good friends at Kenya Airways, and as part of the “Change Brings Change” programme, we are delighted to be making this strategic contribution to the professional efforts of the dedicated KWS rhino team to enable them to carry out their live-saving job to the very best of their ability”.

The donation was received by Julius Kimani, the deputy director of KWS, who lauded the two organizations for the support.

Mr Kimani added: “This equipment and training for rangers will greatly support the conservation of rhinos, which presently face a huge threat from poachers, who are after their horns. Last year, we lost 59 rhinos to poachers; and 26 rhinos so far this year. This challenge is surmountable with this kind of support from Kenya Airways and the Born Free Foundation”.

Conservation and management strategy for black rhinos in Kenya overall goal is that black rhinos are projected to increase by at least 5% pa to reach a confirmed total of 750 rhinos by end of 2016.

In October 2013, Kenya Airways and the Born Free Foundation unveiled a new initiative to raise funds for wildlife conservation causes throughout the world dubbed ‘Change Brings Change’.

This boost comes at a time when Kenya is holding its second Legal Standards and Forensics workshop aiming to police crimes against wildlife such as poaching. Like the first training, the workshop aims to get a better understanding of the scientific processes that wildlife species' samples have to go through in order to provide a validated outcome for illegal poaching cases in court. The training is from 7th-10th December, 2014.

Project Lion Rover - real hope for lions

Project Lion Rover is part of a new initiative in which Born Free will work with the Kenya Wildlife Service, Land Rover, the local Meru community and others, to do all we can to ensure that lions are free to live and thrive in the Meru Conservation Area (MCA) for generations to come. The project offers real hope for lions in their heartland.

A new era is dawning for Meru National Park thanks to Lion Rover Project’s targeted approach, jointly implemented by Born Free and KWS, supported by Land Rover.

Lions are in the Priority Species list in the Barcode of Wildlife Project. Each Partner Country (Kenya, Mexico, Nigeria and South Africa) in the project has been asked to compile a list of approximately 200 species that are:

• Listed in one of the CITES Appendices which regulates their international trade; 
• Protected by national laws against possessing, killing, selling, and/or trafficking; 
• Endangered by domestic and/or international trade in that country; 
• Encountered by officials responsible for species protection; 
• Are trafficked as parts, products, or immature stages that are hard to identify; 
• Are hard to identify as adult, intact specimens because of their similarity to other species that are not protected; and 
• Are likely to be the basis of criminal investigations and prosecutions. 

The four BWP partner countries have selected 774 priority species for the project.

Kenneth Ochieng, Senior Warden Meru National Park introduces Born Free founder Virginia McKennato Kenya Wildlife Service rangers in Meru National Park

In response to requests from Captain Kenneth Ochieng, KWS Senior Warden Meru National Park, tents, laptops, binoculars, cold weather clothing, cameras and Global Positioning System units (GPS) were bought by Born Free with funds provided by Land Rover. They were recently put into action as part of enhanced anti-poaching activities.

Meru is where George and Joy Adamson famously raised and released Elsa the lioness back to the wild, a story told in the book and subsequent film Born Free.

Meru is beautiful, wild and rugged country. Not for the faint-hearted. Its golden plains, acacia forests and stands of palm are criss-crossed by sparkling rivers that sustain the wildlife of this extraordinary landscape. Meru is the land of the lion. Not only because of Elsa, but it is where George went on to return three lions from the film Born Free, to a life of freedom.

Phase One of Project Lion Rover, supported by Land Rover, involves the purchase and deployment of critically important equipment to the local KWS team charged with the protection of wildlife in the MCA.

This Phase will be followed by a series of coordinated actions under the Lion Rover umbrella including: the establishment of a Born Free de-snaring team; the provision of supplemental fuel for anti-poaching activities; and the development of conflict mitigation strategies with local people (including improved livestock security).

Vitally important for the medium and long-term will be the integration of these efforts into the KWS Large Carnivore Conservation Strategy document (due for revision in 2015).

As part of this effort, Born Free shall be working at the landscape level to support lion population analysis, in conjunction with the locally-based KWS Senior Scientist. This activity will permit KWS to establish credible lion baseline data and to monitor our progress in the months and years to come.

This research will help to: determine how many lions there are and what is happening to their natural prey species; identify conflict hotspots; help focus the KWS anti-poaching effort; determine what we can do to mitigate conflict; pin-point where bushmeat poaching is causing the greatest damage and guide our de-snaring team in their work to reduce its impact.

It will also help us decide how we can bring benefits to the local community, thereby creating an atmosphere of greater tolerance, understanding and respect for wildlife, especially lions.

6th annual Grevy’s Zebra conference

Kenya Wildlife Service (KWS) recently held the 6th annual Grevy’s Zebra  conference in Nairobi to review measures taken over the last 10 years to stem the decreasing population of the endangered species, whose population has dwindled from 15,000 in the 1970’s to the current 2,800 animals.

The conference brought together researchers and academics from diverse backgrounds who made presentations on recent findings on Grevy’s zebra, particularly on its survival amid a myriad of threats.

Mr Patrick Omondi KWS Deputy Director for Species Conservation and Management, and Chair of Barcode of Wildlife Project Kenya, who opened the conference, asked participants to strive to come up with a clear road map of addressing the threats facing the survival of the endangered species. He cited habitat loss, predation and diseases as the major threats to the survival of the Grevy’s Zebra.

Historically, Grevy’s Zebra were found in Kenya, Ethiopia, Djibouti and Somalia with a reported sighting in Sudan. Currently, the species is only found in Kenya and Ethiopia, with Kenya holding 90 percent of the total population.

Grevy’s zebra (Equus grevyi) was listed as Endangered A 2ac, C 2a (i) by the IUCN/SSC Equid Specialist Group (IUCN, 2003).  Grevy’s zebra is also listed on Appendix I of the Convention on International Trade of Endangered Species (CITES), which offers them the highest protection against trade. The population size of Grevy’s zebra has reduced drastically and the species’ natural range has undergone one of the most dramatic constrictions of any animal species in Africa.

The main threats responsible for the decline of the species population are loss of range, hunting, competition with domestic livestock for critical resources, loss of access to critical resources, disease, predation, use of its products for medicinal purposes and drought; particularly in northern Kenya.

Forum addresses wildlife conservation issues

KWS Ag. Director General, Mr. William Kiprono addressing media after the end of a joint forum for Wildlife conservation NGOs at KWS headquarters in Nairobi.

Kenya Wildlife Service recently held a meeting with stakeholders in the wildlife sector to foster a cordial working relationship and share experiences on issues of common concern.  

The sensitisation meeting, attended by over 50 representatives of various wildlife sector NGOs, focused on four thematic areas, namely:

·     Partnership between NGOs and the government in the implementation of the Wildlife Conservation and Management Act, 2013, which came into force on January 10, 2014.

KWS acting Director General, Mr. William Kiprono, who addressed the forum expressed gratitude to the NGOs officials for supporting wildlife conservation efforts; singling out de-snaring, translocation of wildlife, removal of invasive species in protected areas, and resource mobilisation.

Other than poaching, Mr. Kiprono said the country is loosing a lot of animals as a result of unscrupulous traders who are killing animals for bush meat. He blamed the rapid loss of wildlife habitat on the high rate of crimes against wildlife and exhorted the public to join KWS in conserving and addressing issues that affect wildlife. Mr. Kiprono said KWS as the lead conservation body in the country has accurate and up-to-date data concerning wildlife numbers. He asked anybody with enquiries regarding this to contact the Deputy Director in charge of Species Conservation and Management for updated information.

The Director of Wildlife in the Ministry of Environment, Water and Natural Resources, Mr. Stephen Manegene, said it was regrettable stakeholders in the wildlife sector are not able to agree on a myriad of issues, including carrying out of wildlife censuses.

He asked NGOs to work closely with KWS and the ministry so that information from the country regarding critical issues of wildlife can be standard, accurate and timely. “Access to information is enshrined in Kenya’s Constitution and the Government will ensure this is enforced by all sectors”, he said.

Mrs Munira Bashir, a representative of one of the NGOs, The Nature Conservancy, said there was an urgent need to put in place subsidiary legislation to operationalize the Wildlife Act. She said stakeholders had identified about 26 guidelines necessary to make the Act operational. She said The Nature Conservancy would spearhead the development of five of the guidelines and called on other organisations to support the rest.

Help Kenya sustain advocacy on total ban on international ivory and rhino horn trade - new envoys urged

Mother and calf elephants in Tsavo West National Park.

Ag. Director General William Kiprono asked the diplomats to help in demand reduction campaign on wildlife and wildlife products. Kenya Wildlife Service has urged 32 newly-appointed ambassadors, high commissioners and heads of missions to help Kenya sustain advocacy on total ban on international ivory and rhino horn trade.

Ivory, rhino horns, reptiles, pangolins, and sandal wood are some of the wildlife and wildlife products being poached and trafficked for international black markets.

While addressing their induction programme at KWS headquarters, Mr Kiprono asked them to use their diplomatic missions to lobby other countries to help reduce the demand for endangered species. 

Africa range states have faced unprecedented poaching in recent past with 302 elephants and 59 rhino poached in year 2013 in Kenya alone.  Since the beginning of the year, 116 elephants and 26 rhinos to poachers has been lost to poachers.

“In the last six months, however, we have turned the corner and the worst is behind us. We hope to keep the poaching cartels on the run and make them face the fullest extent of the law,” he said. He said that the government is fully aware of the magnitude of wildlife crime and has mobilised resources locally and internationally to curb the vice.

Besides poaching, he pointed habitat loss, human wildlife conflict due to growth in human population and climate change as other challenges facing wildlife conservation in the 21st century.

He urged the diplomats to use their missions to encourage international community to invest in conservation areas and assure tourists that Kenya’s national parks and the country are safe destinations. 

Among the newly appointed diplomats is former Finance Cabinet Minister Robinson Githae, who becomes the new Kenyan ambassador to the United States while Prof. Sam Ongeri heads to UN Habitat. The envoys were appointed in August 2014.