The police officer who was involved in the murder of Human Rights Lawyer Willie Kimani,his client and a taxi driver has been linked to cigarette butts found at the crime scene.
A Government expert found that the DNA profile that was generated matched that of the suspect, Peter Ngugi.
A detective escorted Mr. Ngugi his four co-accused person’s tho the Government Chemist to have their DNA samples collected for referencing.
The lawyer asked the judge to expunge the DNA report from the doctor’s evidence saying it wasn’t collected in compliance with the mandatory provisions bof Section 122A and 122C(1).
According to the lawyer,the procedure of connecting Mr Ngugi to the murder case by use of DNA was procedurally wrong and should not be relied upon.
This is because Mr Ngugi never gave his consent in writing as required by Section 122C(1) of the Penal Code.
Section 122A(1) states” 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 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 offense.”
The doctor further added that other three cigarette butts generated a mixed DNA profile meaning they had been smoked and touched by several people.
He said it was difficult to discover the time the cigarettes butts stayed at the scene or elsewhere before they were taken to the laboratory.
Case hearing will resume on Monday.
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