ADVOKS GLOBAL · KENYA
National Police Service Act
55. Power to take photographs, fingerprints and forensic evidence
Edition: 2023-09-15 · In force
55. Power to take photographs, fingerprints and forensic evidence
(1)A magistrate or a police officer, and any other person appointed to give certificates under subsection (2) of section 142 of the Criminal Procedure Code (Cap. 75), may take, or cause to be taken in his presence, for the purposes of record and identification, the measurements, photographs, footprints and casts thereof, palm-prints, finger-prints and other forensic evidence of any person in lawful custody or who is subject to police supervision.(2)The Inspector-General shall prescribe in the Service Standing Orders the form upon which footprints, palm-prints, finger-prints and other forensic evidence may be taken in accordance with this section.(3)The magistrate, police officer or person appointed as the case may be, shall certify on the prescribed form that the foot prints, finger-prints, palm-prints and other forensic evidence have been taken by him, or caused to be taken in his presence, in accordance with the directions contained on such form, and that the particulars entered on such form are to the best of his knowledge and belief accurate and true.(4)Subject to subsection (1), if a person is not charged with an offence punishable by imprisonment or is discharged or acquitted by a court, and has not previously been convicted of an offence so punishable, all records of such measurements, photographs, footprints and casts thereof, palm-prints and fingerprints and any negatives and copies of such photographs or of photographs of such footprints, palm-prints and finger-prints shall immediately be destroyed or handed over to such person.(5)A person who refuses to permit his measurements, photographs, footprints and casts thereof, palm-prints or finger-prints and other forensic evidence to be taken under this section commits an offence.(6)Upon conviction under subsection (5), reasonable force may be used to facilitate the taking of measurements, photographs, footprints and casts thereof, palm-prints and finger-prints of the person convicted.