Appeals Court Bars Woman Charged in Child Porn Case from Accessing Evidence
Crime and Justice
By
Joackim Bwana
| Jul 31, 2026
The Court of appeal in Mombasa has stopped the supply of child pornographic evidence materials to Noel Ndinyo charged with perpetrating child pornography.
Justices Agnes Murgor Kibaya Laibuta and Joel Ngugi said that consequences of supplying the accused with Child Sexual Abuse Material (CSAM) is dire and cannot be undone.
The Director of Public Prosecution (DPP) appealed Justice Wendy Kagendo and Shanzu Senior Resident Magistrate Robert Mbogo’s orders that allowed for the supply of the CSAM in CD form to Ndinyo who is charged with online child exploitation and child pornography.
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Prosecution counsel Kernae Nyawinda said that the matter is currently pending at the pre-trial stage before Mbogo and they supplied all documentary exhibits to the Ndinyo, save for the digital images and videos, which are obscene and indecent images of a minor.
The appellate judges set aside orders by Justice Kagendo pending the appeal by the DPP.
“Given that there is the possibility of disclosure of CSAM if physical access is granted in the form ordered by the High Court, and given that the consequences of further reproduction and dissemination could not be undone in the event the appeal succeeds, we are also satisfied that the intended appeal will be rendered nugatory,” said Justice Murgor.
The appellate judges also stopped the ongoing trial of Ndinyo before Mbogo pending hearing and determination of the DPP’s appeal.
According to Nyawinda impugned images and videos depict explicit defilement and sexual abuse of a minor, allegedly uploaded by Ndinyo via the Snapchat platform, which acts constitute both online child exploitation and child pornography.
She said they seek to protect the privacy and dignity of the minor victim, and preventing redistribution of the indecent material.
She faulted the trial court for directing that Ndinyo be physically supplied with certified digital
images and videos in CD format.
Nyawinda said that the prosecution is ready and willing to provide Ndinyo with “reasonable access” to the digital evidence at the DCI Anti-Human Trafficking and Child Protection Unit Offices in Mombasa, thereby safeguarding her right to a fair hearing without compromising the privacy and dignity of the minor victim.
Nyawinda said that it is in the best interests of the victim minor and that the intended appeal raises issues of general public importance touching on the protection and best interests of children, and bears significant public interest implications.
In dismissing the DPP’s attempt to safeguard the privacy and dignity of the minor victim Justice Kagendo said that the identity and age had not been verified.
Justice Kagendo further raised concerns regarding possible artificial intelligence manipulation of the images of the minor victim.
According to Ndinyo, her advocate failed to refused to attend the DCI offices to inspect material extracted from her phone.
She said the magistrate court ordered that the extracted material be supplied to the defense within seven days before the mentioned dated October 6 2025.
However, State Prosecutor Keya Ombele asked the appellate court to determine whether the DPP is constitutionally obligated to seek orders granting the defense “reasonable access” to CSAM material rather than physically supplying copies in Online Child Sexual Exploitation and Abuse (OCSEA) prosecutions.
Ombele said that requiring the prosecution to physically provide CSAM evidence without safeguards created a risk of redistribution, reproduction and dissemination of such material contrary to the interests of justice and the protection owed to child victims.