Nduku v Republic (Criminal Revision E085 of 2025) [2026] KEHC 5436 (KLR) (24 April 2026) (Ruling)

Nduku v Republic (Criminal Revision E085 of 2025) [2026] KEHC 5436 (KLR) (24 April 2026) (Ruling)

The trial court's order for DNA testing was lawful, necessary, and not a violation of the applicant's constitutional rights. The evidence sought could not have been procured earlier due to the pregnancy term, and the applicant will have the opportunity to challenge the DNA evidence during trial.

Citation
[2026] KEHC 5436 (KLR)
Parties
Applicant: Nickson Mutiso Nduku; Respondent: Republic
Court
High Court
Jurisdiction
Kenya
Judgment Date
24 April 2026
Case Number
Criminal Revision E085 of 2025
Procedural Posture
Criminal Revision / Ruling
Outcome
Application dismissed
Legal Topics
Defilement, DNA Evidence, Fair Trial Rights, Self Incrimination, Revisionary Jurisdiction
Source Language
English
Criminal Law Constitutional Law Defilement DNA Evidence Fair Trial Rights Self Incrimination Revisionary Jurisdiction

Case Brief

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Parties

Nickson Mutiso Nduku

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the order for DNA testing violates the applicant's constitutional rights
  2. 2 Whether the trial court's order for DNA testing amounts to a fishing expedition
  3. 3 Whether the DNA test is necessary and lawful under Section 36 of the Sexual Offences Act

Ratio Decidendi

The trial court's order for DNA testing was lawful, necessary, and not a violation of the applicant's constitutional rights. The evidence sought could not have been procured earlier due to the pregnancy term, and the applicant will have the opportunity to challenge the DNA evidence during trial.

Court Disposition

Application dismissed

Orders

  • No order as to costs
  • Original file Thika Criminal (S.O.) case No.E001/2025 to be returned to trial court for further hearing