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Penal Code

122A. Senior police officer may order DNA sampling procedure on suspect

Edition: 2023-12-11 · In force

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122A. Senior police officer may order DNA sampling procedure on suspect

(1)A police officer of or above the rank of inspector may by order in writing require a person suspected of having committed a serious 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 suspect committed the alleged offence.
(2)In this section—"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 by buccal 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 a test or analysis upon the sample in order to confirm or disprove a supposition concerning the identity of the person who committed a particular crime;"serious offence" means an offence punishable by imprisonment for a term of twelve months or more.[Act No. 5 of 2003, s. 14.]
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Source: Kenya Law