The High Court in Nairobi has ordered the Directorate of Criminal Investigations (DCI) to preserve forensic evidence relating to the rape allegations made against popular mugithi artist Samuel Muchoki, alias Samidoh.
In interim orders issued on Thursday, September 4, Justice Lawrence Mugambi also directed the detectives to protect all relevant documentary, digital and electronic materials forensically.
Mugambi also instructed the DCI officers to immediately issue preservation notices to the relevant custodians to ensure the protection and preservation of the forensic evidence.
"Pending the hearing and determination of this application, an order of temporary preservation of evidence relevant to the Petitioner’s complaint," Justice Mugambi directed.
The judge further issued the interim orders restraining Samidoh from contacting or interfering with the woman who reportedly sued her over the rape allegations.
The orders bar Samidoh, his servants, agents or assigns, from contacting, intimidating, harassing or interfering with the petitioner or her witnesses.
Justice Mugambi further directed that the petitioner be referred to by initials as M.R.W., and all documents disclosing her full identity be sealed, redacted and restricted to the parties involved in the case.
The court also ordered that the petition be submitted to the respondents personally or served through a newspaper with nationwide circulation within seven days.
According to Judge Mugambi, the respondents will then have seven days from the date of receipt of the petition to file their responses.
While issuing the orders, the court warned that any disobedience or non-observance of the aforementioned directives would result in penal consequences.
In the petition filed before the High Court, the woman accused Samidoh of alleged sexual assault. The woman went ahead to apply for an investigation of the matter pending the hearing and determination of the case.
The woman told the court that she preserved the evidence of the alleged assault, including audio interaction and electronic messages.
