Beyond A Reasonable Doubt
The power of forensic analysis in wildlife crime prosecutions
How do you put a criminal away for good? Evidence. Rock solid evidence.
This is exactly the route Kenya Wildlife Service has taken in its ongoing fight against poachers and wildlife traffickers.
Time and time again, suspected wildlife criminals have been apprehended, only to claim that the animal parts they were caught with are from livestock and not wildlife. It then becomes the responsibility of the prosecution to provide evidence that proves, beyond a reasonable doubt, that the animal parts indeed came from protected wildlife.
Genetic markers are distinct in each species, creating a unique DNA signature for every living creature. Forensic DNA analysis enables the identification of the species from any tissue or organic cell. Without such evidence, wildlife crime court cases are frequently dismissed, lost, or never even brought to court.
In the bustling heart of Nairobi sits the expansive Kenya Wildlife Service headquarters. In 2015, the wildlife agency established a forensic lab to analyze organic materials from the wild, especially those collected from suspected poaching sites, to use as evidence to effectively prosecute wildlife crimes.
In seven years, the lab provided forensic evidence that led to the successful prosecution of 897 wildlife crime cases, with an above-average conviction rate.
In partnership with Kenya Wildlife Service, USAID and the United Nations Development Program (UNDP) have worked diligently to enable Kenya Wildlife Service staff to purchase modern lab equipment and attend training programs necessary to build the analytical strength of the lab.
Senior Forensic Analyst Moses Otiende, who heads the forensic lab, and Laboratory Technician Winfridah Bwari Onyari are prime examples of this partnership in action. Through support from the United Nations Development Programme (UNDP)-Global Environment Facility (GEF)-USAID project Reducing Maritime Trafficking of Wildlife between Africa and Asia — under the GEF-funded, World Bank-led Global Wildlife Program, Moses and Winfridah received comprehensive training at the University of Washington, which is at the forefront of using forensic analysis to build robust cases against organizations involved in trafficking protected species.
The Crucial Role of Crime Scene Management
The foundation for any successful prosecution starts at the crime scene itself. Securing the crime scene against contamination, using proper equipment and evidence kits, and diligently labeling, packaging, preserving, sealing, and documenting evidence lays the groundwork for any strong case.
To minimize the risk of evidence being mishandled, exchanged, tampered with, or contaminated between collection and delivery to the forensics laboratory, Kenya Wildlife Service has developed forensics kits, including collection tubes, bags, and gloves, along with an evidence collection protocol to meticulously document all information regarding the evidence collection process.
An app specially designed for this purpose guides the officer at the crime scene, ensuring adherence to a comprehensive checklist and the use of dedicated forensics kits.
“When the law enforcement comes here with exhibits, I need to make sure the exhibits’ memo and the investigating officers are speaking the same language before I accept them. Otherwise, this may cause doubts later because I based my reports on what I received,” Winfridah shared.
Ensuring a flawless chain of custody is imperative. Witness statements must also match the documented evidence. Even the slightest inconsistency can create reasonable doubt, leading to case dismissal and the suspect walking free.
“Sometimes you realize that there are inconsistencies in witness statements, and this causes problems in court,” Moses said. “For example, there was a police officer who arrested somebody with a rhino horn in a bag at Jomo Kenyatta Airport. So, in court, when he was asked to describe the bag that this guy was arrested with, he could not remember. He was saying it was a carry-on bag, but it was indeed a backpack.”
This put the case in jeopardy.
Empowering Key Players for Successful Prosecutions
Without adequate training, first responders at possible wildlife crime scenes run the risk of causing inconsistencies that can later be exploited to create doubt and potentially lead to case dismissals.
Kenya Wildlife Service has conducted over 10 first responder trainings in poaching hotspots, but there is a pressing need for more. Given the various law enforcement agencies with overlapping mandates and jurisdictions, it is crucial to streamline first responder training across agencies on a regular basis.
“Most of our enforcement officers are the ones who spoil our cases — not because they want to, but it’s because of ignorance. They don’t understand. They don’t know what they’re doing,” Moses said. “Nowadays, they know when they get there.”
Expanding Capabilities
Moses and his team are working to expand the lab’s capacity so they can analyze a larger number of samples. However, further funding is required to support additional staff, training, and equipment.
According to Winfridah, there is a need to expand the lab so that we can become a one-stop lab for all the forensic analysis work.
Their hope is to establish a comprehensive laboratory that can analyze samples from both endangered animals and plants that have been poached and trafficked. With this kind of one-stop shop, they’ll be able to collect the rock-solid evidence needed to crack down on poachers and traffickers, ensuring strong cases for prosecution and appropriate sentencing.
About the Authors
Tamara Tschentscher is the Knowledge Management and Communications Officer of the UNDP-GEF-USAID Project Reducing Maritime Trafficking of Wildlife between Africa and Asia at UNDP, and Albert Mwangi is a Development Outreach Communications Specialist in USAID’s Kenya and East Africa Mission.
