[2016] KEHC 3169 (KLR)

[2016] KEHC 3169 (KLR)

The court held that Sections 118 and 121(1) of the Criminal Procedure Code, which the applicant relied upon, are inapplicable to the request for blood sampling as they pertain to search warrants for places or receptacles, not bodily samples. The correct legal provision for obtaining DNA or blood samples from a...

Source-derived case information.

Citation
[2016] KEHC 3169 (KLR)
Parties
Applicant: Republic; Respondent: Samson Mithika alias Kaboi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
19 September 2016
Case Number
Criminal Case 22 of 2016
Procedural Posture
Criminal Application / Ruling on Notice of Motion for Blood Sampling Order
Outcome
application struck out as incompetent
Judges
RPV Wendoh
Legal Topics
Criminal Procedure, Evidence Collection, Search and Seizure, Dna Sampling
Source Language
english
Criminal Law Criminal Procedure Evidence Collection Search and Seizure Dna Sampling

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Samson Mithika alias Kaboi

Respondent

Procedural Posture

Criminal Application / Ruling on Notice of Motion for Blood Sampling Order

Legal Issues

  1. 1 Whether the court can order the taking of blood samples from the accused for analysis by the Government Chemist under Sections 118 and 121(1) of the Criminal Procedure Code.
  2. 2 Whether the applicant invoked the correct legal provisions for obtaining blood samples from the accused.
  3. 3 Whether the application is competent in law.

Ratio Decidendi

The court held that Sections 118 and 121(1) of the Criminal Procedure Code, which the applicant relied upon, are inapplicable to the request for blood sampling as they pertain to search warrants for places or receptacles, not bodily samples. The correct legal provision for obtaining DNA or blood samples from a suspect is Section 122A(1) of the Penal Code, which sets out a specific procedure involving a written order by a police officer of or above the rank of inspector and reasonable grounds for the sampling. The applicant failed to follow this statutory procedure and invoked the wrong provisions of law, rendering the application incompetent. Consequently, the application was struck out...

Court Disposition

application struck out as incompetent

Orders

  • The application is struck out for being incompetent.