, NAIROBI, Kenya, Aug 26 – A Nairobi court on Wednesday declined to compel Pastor James Ng’ang’a to submit his DNA for sampling as requested by the prosecution to beef up their case.
Magistrate Timothy ole Tanchu sitting in Limuru said that compelling Ng’ang’a to submit blood samples would make the court cease being an impartial arbitrator.
Tanchu pointed out that police should have been satisfied they had sufficient evidence before they produced him in court.
He noted that compelling Ng’ang’a to give his blood samples would be assisting the prosecution in its case.
The magistrate cited the penal code which allows police to use reasonable force to obtain samples before suspects are arraigned in court.
The ruling has been challenged by State Counsel Catherine Mwaniki who says they will seek redress in the High Court.
On August 21, the embattled pastor was freed on a bond of Sh1million with a similar surety.
He is being accused of causing death through dangerous driving, giving false information to the police, conspiring to defeat justice and failing to report an accident.