[2015] KEHC 401 (KLR)
The court held that the issues raised by the defence regarding the amendment of the offence in the identification parade forms and alleged procedural irregularities pertain to the weight to be attached to the evidence, not its admissibility. The court found that such matters are best addressed through...
Source-derived case information.
- Citation
- [2015] KEHC 401 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Mutua Kimanzi; Defendant: Joseph Musyoka; Defendant: Stephen Muthui
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 60 of 2015
- Procedural Posture
- Criminal Case / Ruling on Objection to Production of Identification Parade Forms
- Outcome
- objection overruled; identification parade forms admitted into evidence
- Judges
- BT Jaden
- Legal Topics
- Identification Parade, Evidence Procedure, Force Standing Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Mutua Kimanzi
Defendant
Joseph Musyoka
Defendant
Stephen Muthui
Defendant
Procedural Posture
Criminal Case / Ruling on Objection to Production of Identification Parade Forms
Legal Issues
- 1 Whether the identification parade forms should be excluded due to amendment of the offence reflected and alleged procedural irregularities.
- 2 Whether failure to comply with Force Standing Orders affects admissibility or only the weight of identification evidence.
Ratio Decidendi
The court held that the issues raised by the defence regarding the amendment of the offence in the identification parade forms and alleged procedural irregularities pertain to the weight to be attached to the evidence, not its admissibility. The court found that such matters are best addressed through cross-examination and submissions during trial. Therefore, the objection to the production of the identification parade forms was overruled, and the forms were admitted into evidence.
Court Disposition
objection overruled; identification parade forms admitted into evidence
Orders
- The objection to the production of the identification parade forms is overruled.
- The identification parade forms are admitted into evidence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 60 OF 2015
REPUBLIC……………………………………PROSECUTOR
VERSUS
JOSEPH MUTUA KIMANZI……………………….........1ST ACCUSED
JOSEPH MUSYOKA……………..…………………………2ND ACCUSED
STEPHEN MUTHUI……………………………………..3RD ACCUSED
R U L I N G
The defence has objected to the production of the identification parade for on the ground that the same was amended to reflect the offence of murder. It is also contended that the procedural requirements for the carrying out of identification parade were not adhered to.
The prosecution has conceded to the amendment of the offence reflected in the parade forms. The prosecution’s explanation is that the accused was
initially charged with the offence of robbery with violence but a decision was later made that he be charged with the offence of murder.
The Force Standing Orders issued by the Commissioner of Police under section 5 of the police Act Cap 5 Laws of Kenya provide for the manner in which an identification parade ought to be carried out. The value of an identification parade as evidence would depreciate if an identification parade is not conducted in accordance with the Force Standing Orders (see example Douglas Kinya Njeri –VS- Republic [2015] eKLR & John Mwangi Kamau [2014]eKLR).
The issued raised by the defence counsel in my view dwell on the question of the weight to be attached to the evidence of the identification forms herein. This can best be addressed through cross examination and submissions. The production of the identification parade forms is therefore overruled.
Dated, signed and delivered at Machakos this 7th day of December, 2015.
B. THURANIRA JADEN
JUDGE