[2014] KEHC 3853 (KLR)

[2014] KEHC 3853 (KLR)

The court found that the identification of the appellants was not reliable due to insufficient description of the conditions under which the complainant claimed to have seen the assailants, particularly the lack of detail regarding the wire mesh through which identification was made. The court also determined that the identification parade was compromised because it was conducted at the same police station where the complainant, a police officer, worked and may have had prior access to the appellants. The possibility of prior interrogation and information leakage further undermined the reliability of the identification. The trial court's dismissal of the appellants' defences was found to...

Citation
[2014] KEHC 3853 (KLR)
Parties
Appellant: Johnstone Makomere; Appellant: Robert Kiprono Kirui alias Moto; Respondent: Republic
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
17 July 2014
Case Number
Criminal Appeal 19 & 20 of 2013
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed; convictions and sentences quashed; appellants acquitted and released
Legal Topics
Identification Evidence, Robbery With Violence, Criminal Procedure, Identification Parade, Burden of Proof
Source Language
English
Criminal Law Identification Evidence Robbery With Violence Criminal Procedure Identification Parade Burden of Proof

Case Brief

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Parties

Johnstone Makomere

Appellant

Robert Kiprono Kirui alias Moto

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants were positively identified as perpetrators of the attempted robbery with violence beyond reasonable doubt.
  2. 2 Whether the identification parade and process were conducted in a manner free from error or prejudice.
  3. 3 Whether the trial court properly considered the appellants' defences.

Ratio Decidendi

The court found that the identification of the appellants was not reliable due to insufficient description of the conditions under which the complainant claimed to have seen the assailants, particularly the lack of detail regarding the wire mesh through which identification was made. The court also determined that the identification parade was compromised because it was conducted at the same police station where the complainant, a police officer, worked and may have had prior access to the appellants. The possibility of prior interrogation and information leakage further undermined the reliability of the identification. The trial court's dismissal of the appellants' defences was found to...

Court Disposition

appeal allowed; convictions and sentences quashed; appellants acquitted and released

Orders

  • The appeal is allowed.
  • The convictions and sentences against the appellants are quashed and set aside.