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…The principles in Republic v Turnbull [1977] QB 224 are also relevant in cases of identification/recognition at night.…

…However, this does not render recognition immune from error; it must be established that the conditions favoured proper recognition. 15. The evidence shows that the Appellants were known to the witnesses.…

…It is trite law that recognition of a suspect by a victim is better than mere identification of a stranger.…

…This was, however, a case of recognition, not identification, of the assailants; recognition of an assailant is more satisfactory, more assuring, and more reliable than identification of a stranger because it depends upon…

…Okumu terms this identification as recognition.…

…The Accused recognition is said to have been made by the torch light. What was the extent of this light is not clear.…

…In this case, the prosecution relied on the recognition of the Appellant by two key witnesses, PW1 and PW2.…

…They interacted with him for hours, and even as daylight faded, recognition was still possible because he was a familiar person.…

…Recognition may be more reliable than identification of a stranger: but, even when the witness is purporting to recognize someone whom he knows, the jury should be reminded that mistakes in recognition of close relative and…

…The evidence of voice recognition by the complainant does not pass the test that was prescribed in the Mbelle case(supra). 14.…

…When the circumstances in which a purported recognition is made are unfavourable, care must be taken to ensure that no mistake is made in identification.…

…Recognition may be more reliable than identification of a stranger: but, even when the witness is purporting to recognize someone whom he knows, the jury should be reminded that mistakes in recognition of close relative and…

…The law on identification evidence, particularly identification by recognition, is well settled.…

…In Anjononi & Others v Republic [1980] eKLR , the Court of Appeal held that recognition of an assailant is inherently more reliable than the identification of a stranger, because recognition depends on prior familiarity with…

…The appellant argues that the respondent’s identification was by recognition. She recognised his beard and the way he shaves. The respondent also spoke to her and threatened to kill the complainant.…

…They called in aid the case of Karani v Republic [1985], where it was held that identification by voice nearly always amounts to identification by recognition. 14.…

…(iii) Identification / Recognition 10. The appellant was positively recognized, not merely identified.…

…Similarly, in Wamunga v Republic [1989] KLR 424, the Court emphasized the need for caution but acknowledged that recognition is generally more reliable. 13.…

…Recognition is generally more reliable than identification because it is based upon previous acquaintance.…

…The prosecution evidence on identification was founded on recognition by persons who were familiar with the Appellant. 36.…

…And, central to this broad issue is the question of identification, recognition- including recognition by voice and circumstantial evidence as the basis for conviction of the appellants.…

…(Turnbull case ibid) Voice recognition is basically identification by recognition of the voice. See the case of Karani v Republic [1985] KLR 290.…

…The Court further observed that recognition may be more reliable than identification of a stranger, but even recognition can be mistaken.…

…As stated in Wamunga, even recognition can be mistaken.…

…Wamunga versus Republic [1989] KECA 47 (KLR) gives the necessary warning: “Recognition may be more reliable than identification of a stranger; but … mistakes in recognition of close relatives and friends are sometimes made…

…The absence of a parade does not cure poor recognition, and I do not treat Katana as dispensing with scrutiny.…

…The respondent maintains that this was not a case of visual identification of a stranger but one of recognition.…

…Nevertheless, even evidence of recognition must be examined carefully to eliminate the possibility of error. 46.…

…This was, however, a case of recognition, not identification, of the assailants; recognition of an assailant is more satisfactory, more assuring, and more reliable than identification of a stranger because it depends upon…

…Recognition may be more reliable than identification of a stranger but even when the witness is purporting to reorganize someone whom he knows, the jury should be reminded that mistakes in recognition of close relatives and…

…Whenever an offence is committed under circumstances not conducive to identification or recognition, care must be taken to avoid a miscarriage of justice.…

…… Recognition may be more reliable than identification of a stranger: but, even when the witness is purporting to recognize someone whom he knows, the jury should be reminded that mistakes in recognition of close relative…

…Whenever an offence is committed under circumstances not conducive to identification or recognition, care must be taken to avoid a miscarriage of justice.…

…… Recognition may be more reliable than identification of a stranger: but, even when the witness is purporting to recognize someone whom he knows, the jury should be reminded that mistakes in recognition of close relative…

…The appellant submitted that the learned trial magistrate was bound by law to analyse effectively the attributed identification by recognition evidence and approach it cautiously without forgetting that a victim in recognition-based…

…Recognition may be more reliable that identification of a stranger but even when the witness is purporting to recognise someone whom he knows, the jury should be reminded that mistakes in recognition of close relatives and…

…And the identification by recognition was more reassuring. 39. It is well settled that evidence of identification or recognition at night must be absolutely watertight to justify a conviction.…

…It is our considered view that from the evidence on record, the identification of the appellant based on recognition was free from error.” 41.…