COURSE OUTLINE

1. Kenyan legal system 11. Human identification

2. Forensic pathology 12. Sexual offences
3. Forensic medicine 13. Domestic violence
4. Clinical forensic medicine 14. Torture and death in custody
5. Medical law and ethics 15. Asphyxia deaths
6. Inquest and medical evidence in court 16. Death due to exposure to extremes of
7. The Autopsy temperatures
8. Death notification and documentation 17. Sudden unexpected death
9. The crime scene 18. Alcohol intoxication and poisoning
10. Injuries
 I N T R O D U C T I O N
T O
F O R E N S I C
P A T H O L O G Y
A N D M E D I C I N E

DR MUTUMA G Z

2021
 Forensic Pathology Concept and definition
1. Forensic pathology is pathology that focuses on determining the cause of death by doing post mortem
(Autopsy) examinations . Rests largely on the principles of morbid anatomy

2. Deals with the interpretation of autopsy findings in a medico-legal investigation of death.

3. Application of medico-Legal knowledge to aid in the investigation of deaths in line with the court of
law.

4. Legal organizations seeking help from medical experts.

5. Forensic Pathologists are employed to investigate unexpected or sudden deaths as a result of body
trauma.

6. They are physicians who are highly trained and specialize in pathology i.e. diagnosis of diseases
 What is Forensic Pathology?
Application of medico-pathology knowledge to aid in the investigation of
deaths in line with the court of law.

Legal organizations seeking help from medical experts.

Pathologists are employed to investigate unexpected or sudden deaths as a result of

body trauma.

They are physicians who are highly trained and specialize in pathology i.e. diagnosis
of diseases
Roles of Forensic Pathologists
• studying cause and effects of injury or disease by lab experiments

• study tissue and body fluids of the human body

• apply medical facts to legal questions

• testify in court about medical findings

• identify drugs and poisons found in bodies in crimes scenes.

Forensic
Pathologists
Tasks by forensic pathologists:
• studying cause and effects of injury or disease by lab
experiments
• study tissue and body fluids of the human body
• apply medical facts to legal questions
• testify in court about medical findings
• identify drugs and poisons found in bodies in crimes scenes.
 EXAMPLES

Forensic Lausanne Forensic Forensic investigation

investigation using Pathology approach to of head skull
artificial light post-mortem imaging
for natural and
unnatural deaths.
A forensic pathologist at work
A forensic anthropologist examining the cranium exhumed from a mass
grave.
 FORENSIC MEDICINE - INTRODUCTION

Concept and definition

1. Application of medical knowledge towards administration of

justice.
2. Is essential for a medico-legal expert to have a fair knowledge of
all the branches of medical and ancillary sciences.
3. Area of forensic medicine that relates to the medical examination and
assessment of the living.
 FORENSIC MEDICINE

4. Involves maintaining a fine balance between sound medical principles for

the patient and the expectations of the justice system for probative evidence.
5, Forensic science is the scientific study of evidence to discover the facts in a
criminal or civil matter.

6. It is the use of science and technology to enforce civil and criminal laws.

7. In medical practice it involves pathological study of corpses to aid in

enforcement of civic and matters of law.
 BF O R E N S I C
MEDICINE
RIEF INTRODUCTION
• Application of medical and paramedical
knowledge to civil or criminal law in a bid
to investigate suspicious or unnatural
deaths.
• Primary approach in the living persons
rather than autopsies
• It is key in identification of victims of
disaster, serial offenders (rapist,
murderers )

2021
 DNA technology in Forensic Medicine

• DNA Technology in forensic

medicine involves the identification
of persons in a mass disaster.

• Including: victims, assailants, rape,

Incest, baby miss ups, abduction,
inheritance, immigration, and criminal
investigations among others.
 Aspect of examining a living person for
medico-legal
• Examination purposes
and first line treatment of victims of
crimes against the person and the documentation and
CLINICAL interpretation of their injuries.
• Examination and first line treatment of police
FORENSIC detainees.
MEDICINE. • Assessment of fitness to be interviewed.
• Assessment and medico-legal opinions involving traffic
medicine.
• Assessment and expert opinions regarding the clinical
effects of alcohol and drugs in a range of circumstances.
 Aspect of examining a living person for
medico-legal purposes

CLINICAL 1. Clinical Forensic Medicine also has a

significant public health and safety role.
FORENSIC 2. Research based on clinical forensic
MEDICINE. examination results can contribute to injury
and death prevention, especially in the fields
of interpersonal violence, drug usage and
road trauma, and this can contribute
significantly to public health and justice
policy development.
ASPECT OF EXAMINING A LIVING PERSON FOR MEDICO-LEGAL PURPOSES

• Examination and first line treatment of victims of crimes against the person and the
documentation and interpretation of their injuries.
• Examination and first line treatment of police detainees.
• Assessment of fitness to be interviewed.
• Assessment and medico-legal opinions involving traffic medicine.
• Assessment and expert opinions regarding the clinical effects of alcohol and drugs in a
range of circumstances.
QUESTIONS?
 KENYAN LEGAL SYSTEM

 The Kenyan legal system is descended from the

British Common Law system.
 A precedent is a judgment or decision of a court,
normally recorded in a law report, used as an
authority for reaching the same decision in a
subsequent case.
Kenya legal system cont.
 Kenya is a pluralistic legal system. This means that
there are several systems of law coexisting at the
same time in the same jurisdiction among a common
people.
 It is a mixed legal system of English common law,
Islamic law, and customary law; judicial review in the
new Supreme Court established by the new
constitution.
 It includes sources of law and court system.
Sources of law cont.
 The Supreme Law-The Constitution
 All written laws-including delegated
legislation/subsidiary legislation
 International law
 Common law, equity and statutes of general application
 Customary law
 Islamic law
The court system in Kenya
  The court system is divided into
 1. Superior courts and
 2. Surbordinate
Court system courts- it is hierarchical in nature.
cont.
 1. Superior courts-The Supreme Court, The Court of Appeal, The
High Court
2. Subordinate courts- The Magistrate Court, The Court Martial, The
Kadhis Court and any other local court or local tribunal established.
 3. Tribunals-these are quasi-judicial bodies eg the HIV Equity
Tribunal, Rental tribunal ….
 THE PRINCIPLE TYPES OF MEDICO-LEGAL SYSTEMS
The medico-legal system is responsible for conducting death
investigations and certifying the cause and manner of unnatural and
unexplained deaths.
EXAMPLE OF MEDICO-LEGAL CASES TO BE PRESENTED IN COURTS
- POLICE CASES
 Homicides - criminal violence, apparent suicides, Suspected or evident
Mass food poisoning
 Road Traffic accidents
 Death in Custody , Alcohol intoxication, Diseases outbreaks
 Medical Malpractice – Anesthetic deaths, Maternal deaths
 Burn injuries due to any cause
 Physical assault: Gun shots, stab wounds, lacerations cases
 Sexual assault such as Rape, child abuse, Granny abuse
 Most countries have a rigid criminal code, which defines the
procedure for the investigation of criminal or suspicious deaths.
 No inquiries into deaths comparable in most Countries outside
the criminal trial.
 Medico-legal experts exist to assist the police in their
investigation. Have no or little power to initiate an investigation
in most of the Legal systems.
 Suspicious deaths referred by the police to legal medicine
institutes for examination
 If the criminal activity is excluded the case is dropped
 The Standard of medical medicine respected.
IMPORTANT MEDICAL LAWS IN KENYA
 Several Acts in Kenya regulate or touch on the
performance of autopsies. – FORENSIC MEDICINE
AND PATHOLOGY
 The main ones relevant to medico-legal autopsies are
as follows:
 Investigation of death (Inquest Act)
– The Criminal Procedure Code of Kenya CAP 75
– The Inquest Act CAP 11
 The National Police Service Act
– The National Police Service Act 2011 Section 55
cont.

 Public Health Act

– Public health Act of Kenya CAP 242
 Human Tissues and Anatomy Act
– Human Tissue Act of Kenya CAP 252 and Anatomy
Act of Kenya CAP 249.
-Provide for the handling of tissues from autopsies for
research, teaching as well as cadavers for teaching.
Births and Death Registration
– Births and Deaths Registration of Kenya Act CAP 149
  Medical Practitioners and Dentists
Act-Cap 253
 Nurses Act-Cap 255
 Mental Health Act-Cap 248
others include;
 Pharmacy and Poisons Act-Cap 244
 Public Health Act-Cap 242
 Narcortic Drugs and Psychotropic
Substances Act-Cap 245
 Bio-safety Act-Cap 321A
 Children Act-Cap 141
 Food Drugs and Chemical Substances Act-Cap 254
 Criminal procedure Act-Cap 75
 Penal Code-Cap 63
 Occupatio Safety and Health Act-Cap 514
THE END...

QUESTIONS?