The killing of Nairobi-based lawyer Kyalo Mbobu along Magadi Road prompted a string of questions, among them being why a post-mortem examination was necessary even though it was clear he was shot.
Government Pathologist Johansen Oduor, on Thursday, September 11, confirmed what many already knew, that the late Mbobu died from excessive bleeding and severe injuries.
So why is a pathologist's report important in cases which seem obvious, such as the Nairobi City lawyer? As it turns out, post-mortem examinations are much more than just identifying how someone passed away, especially in cases of homicides. post-mortems
Kenyans.co.ke takes a look at the intrigues behind post-mortems and why they are absolutely necessary in any circumstances.
To Legally Confirm Cause of Death
Topping the list of why postmortems are key is that a pathologist's report confirms the legal cause of death of a victim. In Mbobu's case, we now know he died from gunshot wounds without a shadow of a doubt.
In Kenya, as in most legal jurisdictions, a medical officer must officially determine and record the cause of death. Even if witnesses or police officers state someone was shot, only a forensic pathologist can confirm that the gunshot wounds caused the death and no other factors.
This distinction is crucial in legal, criminal and insurance processes.
To Reconstruct What Happened
In Mbobu's post-mortem, it was determined that he was shot eight times, with two bullets recovered from his body.
Despite witness and police accounts of events, a post-mortem can help reconstruct the final moments of a victim.
The report can assist in piecing together details such as the bullet's trajectory, whether the victim was shot at close range, whether he survived the initial shot, and so forth. This information makes it simple to refute or validate witness statements.
Evidence in Court
From a legal perspective, a post-mortem provides a critical piece of evidence in criminal trials since prosecution and defence lawyers rely on them to build their case.
Prosecution can use a pathologist's report to prove premeditation or intent, argue self-defence or excessive force or establish the number of assailants involved in the attack.
A case can be severely weakened without a certified autopsy and, in extreme cases, can be tossed out altogether.
To Rule Out Other Causes
Another seemingly obvious but crucial need for a post-mortem is to rule out other causes of death.
Referring to Mbobu's case, while it was fairly obvious to the naked eye that he was taken out using a firearm, a post-mortem report can ascertain that the victim did not die from a pre-existing condition, like being drugged or strangled.
With a post-mortem report, medics ensure that the death is fully understood since no possibility is overlooked.
Finally, from a social standpoint, a post-mortem also provides closure to a victim's loved ones, as it can provide answers to crucial questions such as whether there were chances of survival and whether the death was immediate or prolonged.
