It has now emerged that the scientific process of identification of the over 429 bodies exhumed from the Shakahola forest will take at the very least six months.
Government chemists and forensic biologists from the Directorate of Criminal Investigation say the DNA (Deoxyribonucleic acid) sampling process has taken long because of the level of the decomposition of the bodies.
Out of the over 429 bodies that have so far been exhumed from Shakahola, 360 corpses were severely decomposed, 48 moderately decomposed, 13 mildly decomposed and seven were fresh corpses.
Chief Inspector Raphael Wanjohi, who is attached to the DCI Homicide Investigations Department and has been leading the investigation into the Shakahola massacre, said rising DNA materials from the decomposed bodies may not generate accurate DNA profiles.
“This will necessitate the extraction of DNA material from the cells in the skeleton and bones of the corpses. This process is delicate, costly, laborious, time-consuming and is estimated to take at least an additional six months (180 days),” Wanjohi said.
He said the investigation team has been advised that the laborious and time-consuming extraction of DNA material from bones may take two to 14 days per sample.
“This further includes the number of instruments available, human resources available, method of analysis, availability of chemicals and reagents,” he said.
The process entails sample preparation, extraction, quantification, amplification, detection and data analysis.
Police are expected to start the fifth phase of the exhumation exercise in the next few weeks. They are still trying to locate more graves in the vast 800-acre Shakahola forest.
The bodies are believed to be followers of the Good News International church, which was being led by controversial cult leader Paul Mackenzie.
Last week Monday, the Director of Public Prosecutions applied for an extension of custodial detention of Mackenzie and his 27 co-accused persons for another 180 days.
Assistant DPP Jami Yamina said despite the confinement of Mackenzie for over five months, the police have not concluded their investigation into the deaths of Mackenzie’s followers.
“It has now emerged that the amount of work necessary for precise and accurate forensics and DNA data analysis, alongside the review of other evidence, so far gathered or yet to be gathered, may take well over the maximum 360 days permissible in the criminal codes of the land to hold suspects without charge or trial,” Yamina said.
In a sworn affidavit filed on September 15, to support the DPP’s application for extension of Mackenzie’s custodial detention, Wanjohi said they have also established that there are constant factors or variables that dictate the time frame for extraction of DNA material for analysis in case of mass graves.
“The intermingling and commingling of bodies piling over each other in mass graves like in the Shakahola case demands careful sampling and storage at all stages of the processes of extraction and analysis therefore demanding more resources and time,” he said.
He said the environmental conditions, the depth of the graves, exposure to the air and elements of weather and the nature of the soil may also affect the quality and quantity of the DNA material.
“Therefore, we may require more time and labour to recover reliable DNA material from each sample,” Wanjohi said.
Following a pre-charge conference between the prosecution, the investigators and the government chemist, it emerged that victim identification is critical to the making of a charging decision given the varying causes of death.
“Therefore, a period of at least an additional 180 days is necessary to secure the outcome of the scientifically based victim identification process,” he said.
Mackenzi and the co-accused are facing at least 12 charges including terrorism, murder, counselling and aiding suicide, abduction, radicalisation, genocide, crimes against humanity, child cruelty, fraud, and money laundering.
However, they are yet to be charged officially.
Mackenzie has spent more than 156 days in police and prison custody since his arrest on April 14. On the other hand some of his associates have been behind bars for more than 137 days, and others have been behind bars for more than 107 days.
They were all arrested on diverse dates between April and June this year.
Mackenzie’s case is coming up again for mention on October 12.