Republic v Godfrey Kipkemoi Kangogo [2018] KEHC 3762 (KLR)
- Court
- High Court of Kenya
- Case number
- 3762
- Citation
- [2018] KEHC 3762 (KLR)
- Decided
- 4 October 2018
The Court ruled that the Prosecution's request for samples from Kangogo for DNA analysis is not a violation of the Kenyan Constitution and the Victim Protection Act, and that a second autopsy is not necessary and pre-mature.
Facts
Godfrey Kipkemoi Kangogo is accused of murdering I J B on 06/07/2018 in Rongai Sub-County within Nakuru County. The Prosecution requested samples from Kangogo for DNA analysis to link him to the murder, while the Defence opposed the request.
Issues
- Whether the Prosecution's request for samples from Kangogo for DNA analysis is permissible under the Kenyan Constitution and the Victim Protection Act.
- Whether the autopsy report is authentic and whether a second autopsy is necessary and justified.
Reasoning
The Court held that the privilege against self-incrimination does not apply to the extraction of blood samples, as it is not testimonial. The autopsy report is deemed authentic, and a second autopsy is not necessary.
Outcome
The Prosecution's Application was allowed, and the Defence's Application was dismissed.
Orders
- The Accused Person is ordered to provide samples of blood, saliva, head hair, pubic hair, finger nails, and buccal swabs for DNA analysis.
- The Defence's Application for a second autopsy was dismissed.
Authorities cited
Legislation (2)
- Victim Protection Act
- Sexual Offences Act
Cases cited (3)
- United States v. Wade
- Holt v. United States
- John Kithyululu v Republic
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