Case law
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Division and case type: CriminalCriminal Appeal
…We do not know the time these events took place and whether the circumstances for identification or recognition, whichever it was, were favourable for positive identification.…
Division and case type: CriminalCriminal Appeal
…Supporting the decisions of the two lower courts, Mrs Njogu, counsel for the respondent, argued that the case against the appellant was more of recognition than identification of a stranger.…
Division and case type: CriminalCriminal Appeal
…The evidence of PW1 against the appellant was that of a person he knew hence it was one of recognition rather than identification. And this was the evidence upon which the conviction of the appellant was based.…
Division and case type: CriminalCriminal Appeal
…He cited the case of Cleophas Otieno Wamunga v Republic (Criminal Appeal No 20 of 1989)where this Court said: “ It is trite law that where the only evidence against a defendant is evidence of identification or recognition…