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On June 21, 2017, President Uhuru Kenyatta signed into law nine bills, among them one establishing the National Coroners Service.
Its objective is to provide for investigation of reportable deaths and the complementary role of forensic medical science services to the police. Unfortunately, months after the enactment of the law, the important office is yet to be set up.
National Coroner Service, envisioned the situation Kenya is now in with the recent high-profile murder cases.
When someone goes to a hospital with gunshot wound(s), what should be done? Currently in the country, hospitals focus on the patients, stabilise them first and then encourage them to report to the police.
“About 10 years ago, hospitals would insist on a police report but that led to wasted time and unnecessary deaths. Most hospitals do not have police liaisons so it would be up to the hospital management or individual doctors to inform the police,” Edwin Walong, a University of Nairobi pathology lecturer said.
Dr Walong said currently there is no law, policy or rule that requires hospitals to report such matters to the police. But police should ideally come in because gun shot wounds are an unnatural injuries that need investigations.
“Police may, however, not be involved because there is no law that compels them to, especially during the hospital stay by the injured person.” Dr Walong added.
This is also observed in assault cases involving burns where police do not endeavour to take victim statements while in hospital. In rape cases too, victims have to go to the police station themselves to make their own reports.
“Police only investigate what is reported to them at the station. They are more reactive than proactive,” said Walong
According to him, the first doctor or clinician in contact with someone seeking medical services because of a gunshot wound is a critical witness in an investigation that follows.
The pathologists will always trust that the frontline health provider has done a good job. However, he observes that it would be an added advantage if a forensic pathology opinion is sought from the outset because that information can be used to determine distance, trajectory and calibre of the bullet, among others.
“This is because forensic pathologists have lots of experience in examining wounds,” he said.
In case of death due to a gun shot injury, external examination is key, followed by a thorough internal examination of the body.
Asked about the Monicah Kimani murder probe, Walong says the forensic pathologists opinions should be sought not because there is a death investigation, but to provide opinion on the chest wound of one of the suspects.
“There has been lots of back and forth movement on who should head the service, with a lot of opposition to the implementation of the Act. It should be independent of the police or the Health ministry or any other interference.”
However, a Coroner-General is yet to be appointed, and the National Coroner Services actualised.
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