Assessment of Forensic Medical Expert’s Involvement in Primary Crime Scene Investigation in Nairobi
##plugins.themes.bootstrap3.article.main##
It is of great importance to include Forensic Medical Experts (FMEs) in Primary Crime Scene (PCS) investigation team especially in murder, rape and defilement in investigation framework. The criminal justice system in Kenya has not been effective due to the shortage of FMEs as well as the poor specialization among forensic experts and police officers in implementing Medico-legal services within the country. This research sought to assess the need to involve FMEs in PCS investigation in Starehe sub-county, which comprises of five stations, for the purpose of improving the quality of criminal investigation in the country. A systematic random sampling technique of case files brought back from court was used. The sample size was calculated by dividing the entire case files by interval. There were one hundred and thirty-five (135) case files numbered from one to one hundred and thirty-five (135), then picked at an interval of two from a random number. Sixty-seven (67) case files were sampled, studied and analyzed. Three hypotheses were developed to be tested. The main objective was to assess forensic medical expert’s involvement in PCS investigation in starehe police division, Nairobi County, Kenya. Data analysis was done using SPSS and presented with tables, and narrative. From the tested hypothesis we were able to discover that the FMEs in Kenya are not well trained and professional in the use of SOPs for collecting forensic evidence at PCS H1 (p=0.754); the Kenyan criminal justice system framework does not involve FMEs at all primary stages of investigations H2 (p=0.878); Cases in Kenyan courts are not very successful without the use of FMEs H3 (p=0.247). Involvement of the FMEs in primary crime scenes investigation ensures that there is adequate and sufficient evidence to prosecute criminals convicted of such criminal acts. Cases without forensic evidence component failed to secure a conviction indicating that their absence impacts the quality of evidence submitted to present a sound case to prosecute offenders. FMEs should respond alongside police crime scene investigators and be linked to crime scenes at all stages of investigation to collect forensic evidence to identify suspects responsible for committing criminal activities at the PCS. Forensic evidence should be presented by a qualified professional who complies with standards that enhance efficiency and fairness. The forensic medical evidence at the primary crime scene is best armed with skills, knowledge and tools that are required to aid the investigators to make maximum use of scanty resources available with regard to collection and analysis of biological and chemical evidence. There should be clearer guidelines on the steps to follow in regard to evidence collection. The results of this study will be used by policy makers and health care providers to improve forensic evidence gathering for better and successful prosecution.
References
Abrahams, N., Jewkes, R., Martin, L., & Mathews, S. (2011). Forensic medicine in South Africa: associations between medical practice and legal case progression and outcomes in female murders. PloS one, 6(12), e28620.
Ajema, C., Mukoma, W., Kilonzo, N., Bwire, B., & Otwombe, K. (2011). Challenges experienced by service providers in the delivery of medico-legal services to survivors of sexual violence in Kenya. Journal of forensic and legal medicine, 18(4), 162–166.
Ajema, C., Rogena, E., Muchela, H., Buluma, B., & Kilonzo, N. (2009). Standards required in maintaining the chain of evidence in the context of post rape care services: Findings of a study conducted in Kenya. Nairobi: Liverpool VCT, Care & Treatment. The Division of Reproductive Health, and the Population Council; 2009.
Askew,I., & Kilonzo, N., (2008). Policy issues and a policy implementation framework for integrating sexual violence services into the reproductive health policy in Kenya. Nairobi, Kenya: Population Council.
Bennett, D., (2011). The challenges facing computer forensics investigators in obtaining information from mobile devices for use in criminal investigations. Information security journal.
Cooley, C., (2010). Nurturing forensic science: how appropriate funding and government oversight can further strengthen the forensic science community. Tex Wesleyan L. Rev, 17, 441.
Cooley, C., & Turvey, B., (2002). Reliability and validity: Admissibility standards relative to forensic experts illustrated by criminal profiling evidence, testimony, and judicial rulings. Journal of Behavioral Profiling, 3(1), 14.
Dutelle, A., (2016). An introduction to crime scene investigation. Jones & Bartlett Publishers.
European Committee for Standardization (CEN), 2017. https://www.cen.eu/about/Pages/default.aspx. (Accessed 26 September 2017).
Fisher, B., & Fisher, D., (2012). Techniques of crime scene investigation. CRC Press.
Fonagy, P., & Target, M. (2003). Psychoanalytic theories: Perspectives from developmental psychopathology. Whurr publishers.
Forensic Science Regulator, (2017). https://www.gov.uk/government/organisations/forensic-science-regulator.
Gachuiri, N., (2013). STR analysis of human DNA from maggots fed on decomposing bodies: assessment of the time period for successful analysis. Doctoral dissertation. Health Science; University of Nairobi.
Gardner, R., (2011). Practical crime scene processing and investigation. CRC Press.
Hess, K., Orthmann, C., & Cho, H., (2016). Criminal investigation. Cengage Learning.
Jewkes, R., Christofides, N., Vetten, L., & Jina, R. (2009). Medico-legal findings, legal case progression, and outcomes in South African rape cases: retrospective review. PLoS medicine, 6(10), e1000164.
Kivoi, D., & Mbae, C., (2013). The Achilles’ heel of police reforms in Kenya. Social Sciences, 2(6), 189–194.
Lee, H., & Ladd, C. (2001). Preservation and collection of biological evidence. Croatian medical journal, 42(3), 225–228.
Ludwig, A., & Fraser, J. (2014). Effective use of forensic science in volume crime investigations: Identifying recurring themes in the literature. Science & Justice, 54(1), 81–88.
LVCT. (2016). Chain of evidence study. Nairobi: Liverpool VCT, care, and treatment; division of reproductive health.
Mageto, I., Omoni, G., Cabelus, N., & Inyega, J., (2017). Training needs assessment for forensic nursing in Kenya. Kenyan Journal of Nursing & Midwifery, 2(1), 54–63.
Mbaya, B. (2016). The state of forensic investigation in Kenya. [Doctoral dissertation, University Of Nairobi].
Miller, L., & Braswell, M., (2010). Crime scene investigation. Elsevier Science.
Muncie, J. (2005). The globalization of crime control—the case of youth and juvenile justice Neo-liberalism, policy convergence and international conventions. Theoretical Criminology, 9(1), 35–64.
National Council on Administration of Justice. (2016). Criminal Justice System in Kenya: An Audit. NCAJ: Legal Resources Foundation Trust.
Olivia, L., & Onyango, I. (2011). Overview of the Kenyan criminal justice system. International Senior Seminar.
Orthmann, C., & Hess, K., (2012). Criminal investigation. Cengage learning.
Pepper, I. (2010). Crime scene investigation: methods and procedures: methods and procedures. McGraw-Hill Education.
Ribaux, O., Baylon, A., Lock, E., Delémont, O., Roux, C., Zingg, C., & Margot, P. (2009). Intelligence-led crime scene processing. Part II: Intelligence and crime scene examination. Forensic science international, 199(1), 63–71.
Roux, C., Crispino, F., & Ribaux, O. (2012). From forensics to forensic science. Current Issues Criminal.
US Legal. (2016). Forensic science and forensic evidence. US Department of Justice.
Uzabakiriho, A. (2015). The role of forensic science in criminal investigation in Rwanda. Academiaedu.
White, P. (2010). Crime scene to court: the essentials of forensic science. (Ed.). Royal Society of chemistry.
World Health Organization (2005). Guidelines for medico-legal care for sexual violence victims. Geneva: WHO.
##plugins.themes.bootstrap3.article.details##

This work is licensed under a Creative Commons Attribution 4.0 International License.