The Law of the paw; is the training of the canine necessary to prove its reliability within the Kenyan legal framework?
Date
2024
Authors
Taiti, H.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Dogs possess an innate talent that enables them to excel in various tasks, a skill honed by specialised training institutions to integrate them into law enforcement and humanitarian missions. Their remarkable abilities have revolutionised criminal apprehension and scent identification, extending their impact beyond traditional realms into wildlife conservation, where they aid in the apprehension of poachers, thus safeguarding endangered species. According to the Kenyan Courts, canine evidence is a very niche and new area, thus the evidence produced by canines is subject to extreme scrutiny for a court to consider it admissible. The natural olfactory skill of canines which is further sharpened through their training underscores their classification as experts, warranting their evidence to be deemed as expert opinion evidence. While expert witnesses typically require educational qualifications and training, to qualify as experts, the precedent set by R v Stockwell establishes an exception, allowing individuals to be recognized as experts even with the absence of traditional credentials. Drawing parallels between the educational qualifications of human experts and the training of dogs, it becomes evident that the training of canines should not be a strict prerequisite for the admissibility of canine evidence. This dissertation delves into the evolving landscape of canine evidence within biological science and legal contexts, advocating for the recognition of dogs as expert witnesses and delineating avenues for future research to refine the admissibility criteria for canine testimony.
Description
Full - text undergraduate research project
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Citation
Taiti, H. (2024). The Law of the paw; is the training of the canine necessary to prove its reliability within the Kenyan legal framework? [Strathmore University]. http://hdl.handle.net/11071/15848