CD&E/NOTES

DNA AND SAMPLING

Sec /122 A SAMPLING FOR DNA IDENTIFICATION CAP 63 L.O.K

A public officer of or above the rank of inspector may order in writing require a
person suspected of having committed a serous offence to undergo a DNA
sampling procedure if there are reasonable grounds to believe that the procedure
might produce evidence tending to confirm or disprove that the subject committed
the alleged offence.

(2) DNA Sampling Procedure

Means a procedure carried out by a Medical practitioner consisting of :-
(a) the taking of a sample of saliva or a sample of buckle (relating to the month or
cheek swab.)
(b)The taking of a sample of blood
(c) The taking of a sample of hair from the head or underarm or
(d)The taking of a sample from a fingernail or toenail or from under the nail.

For the purpose of performing test or analysis upon the sample in order to confirm
or disapprove a supposition concerning the identity the person who committed a
particular crime.

SEC 122 (B) COMPLIANCE WITH THE ORDER

Where a suspect in respect of whom an order has been make under section 122
(A) resists compliance with the order, members of the police force, under
supervision of an officer of or above the rank of inspector, shall be entitled to use
reasonable force in restraining the suspect for the purpose of effecting the
procedure.

SEC.122(C) SUSPECT MAY VOLUNTEER:

(1)Nothing in section 122A shall be construed as preventing a suspect from
undergoing a procedure by consent without any order having been made.
Provided that every such consent shall be recorded in writing signed by the
person giving the consent.
(2)Such consent may, where the suspect is a child or an incapable person, be
given by the suspect’s parent or guardian.

SEC 122D CONSENT OR ORDER TO BE PROVEN

The results of any tests or analysis carried out on a sample obtained from a DNA
sampling procedure within the meaning of sections 122A shall not be admissible in
evidence at the request of the prosecution in any proceedings against the suspect
unless an order under section 122A or a consent under section 122C is first proven
to have been make or given.

(16) POLICE FORCE: Means the Kenya Police force and the Administration police
force.

(17) WOUND: Means any incision or puncture which divide or pierces any
exterior membrane of the body, and any membrane is exterior for the
purpose of this definition which can be touched without dividing or piecing
any other membrane.

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A.FORENSIC PATHOLOGY
Pathology refers to the study of disease and tissue injury by scientific
methods. Forensic pathology relates to the investigation of the effects of trauma
poisoning, occupational hazards on the living and the dead and certain natural
diseases .The aim of the examination is directed towards the public goals
specimens such as blood, tissue, urine are taken for investigations such as
toxicology and histology. Which form integral part of medico legal report and
subsequent court evidence.

B. Clinical forensic medicine.

This is a discipline of medicine dealing with examination and completion of
medico legal reports mainly on living patients e.g. Rape victims (survivors), victims
of assaults, drunken drivers e.t.c.

B. Identification in the living

Police need to identify the perpetrators of crime using trace evidence such as
bloodstains, semen, saliva and finger prints. This is called serological tests (i.e.
tests on blood).
Identification in the dead
Identification decomposed mutilated, dismembered, channel, fresh bodies is done
through autopsy. Bodies involved in mass disasters of air crash, bomb blast,
charred bodies found in vehicle /buildings is very challenging while trying to
identify them for either national, personal or religious reasons.

DNA FINGER PRINTING

Deoxyribonucleic Acid (DNA refers to the substance in our cells that carries the
genetic blue print of each individual person leg hair and eye Colour) -It is found in
our body cells such as blood, hair, saliva, and semen e.t.c. DNA fingerprinting
examines the differences between individuals the analyzing regions of the DNA
Which vary from person to person.

DNA is used for: -

1. To identify a charred/ mutilated bodies.
2. Linking a suspect to a crime scene or victims where such fluids like semen
/blood were left behind.
3. Restore paternity /maternity cases.
4. Rape /sexual offences.
5. Mass disasters
6. Where Blood /tissues were mixing during clinical pathology (human error)

B. Forensic deontology (Dentistry)

This method is used for identification using teeth or
1) Mass disaster.
2) Charred, drowned, decomposed bodies
3) Bite mark evidence.
4) Race, Age and Gender determination.

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