Should the DCI forensic findings that there was unidentified DNA of two male suspects on the body of deceased Monica Nyawira Kimani be an eye opener for Kenya to consider having a DNA database?
Kenya unlike some other developing countries in Africa such as South Africa, Nigeria, Mauritius, Algeria, Egypt has not adopted DNA legislation which would save the Country millions of money and time in conducting forensic investigation of murder cases.
DNA database would help in zeroing in on rape perpetrators, a class of criminals whose cases depend on the courage of their victims.
The database would also be critical to solve complicated murders that often end in the wrong convictions.
The DCI In the case laws of Monica Kimani 2018 and the Venezuelan Ambassador to Kenya Olga Fonseca 2012 murders confirmed that there were DNA of unidentified suspects who were never arrested up to the conclusion of the cases.
In the recent case, although the investigations pointed out to the possibilities of other unidentified suspects on the run, Joseph Irungu alias Jowie was the only suspect who carried the entire burden and was sentenced to death in 2024.
In Olga Fonseca’s murder, although the DCI confirmed that the main suspect in the murder was on the run, Dwight Sagaray who was a secretary at the Venezuelan Embassy at the time of murder was sentenced to serve 20 years in prison in 2023 for the murder.
At the time of conclusion of Dwight Sagaray’s trial, the trial Judge, Justice Cecilia Githua said that a warrant of arrest against the primary suspect whose DNA was found at the crime scene should remain in force until the DCI arrests him.
Now the similarities of these two cases where alleged suspects went Scot free due to lack of proper DNA database which would make it easy for the DCI to locate and arrest the offender should be an awakening call for Kenya to adopt a legislation of storing DNA database.
In the Monica Kimani’s murder, it would have been easy for the DCI to locate the two alleged missing suspects whose DNA was discovered on the straps used to tie the late Monica.
However, lack of identification of the alleged male suspects made it possible for the learned Judge, Justice Grace Nzioka to rule that presumably the DNA belonged to shop attendants where presumably Jowie bought the straps.
The two male suspects who were never arrested and maybe will never be, might have helped the Prosecution in solving the mystery behind Monica’s murder.
Shakahola Cult Deaths
In the aftermath of the recent Shakahola exhumations, the country witnessed the vital role of forensic science in human remains identification and the pursuit of justice.
This challenge would have been solved easily if the Country had a DNA database for all its citizens.
There is a need to develop legislation and regulations for the creation, maintenance, and reference of data in the database for the criminal justice system.
This would probably save the Criminal Justice System from sending the wrong people to prisons.
As the saying goes, “it is better to release 1000 prisoners than to send one innocent person to prison”
