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…The complainant and his family knew this appellant and Moses Oroko and so strictly speaking this was a case of recognition and not identification. Mr Obura accepted.…

…He was careful to point out that he was treating the recognition of the appellant Benson and Moses Oroko from a legal point of view, namely, that while the evidence of recognition might be right, it would only be safe to…

…The trial Magistrate and the judge erred in failing to hold that the evidence of identification or recognition was unsafe to rely on as the same was free from the possibility of an error; 2.…

…later the complainant had not mentioned to anyone that the appellant was a member of the gang that had attacked him and the further fact that the group consisted entirely of Masaai morans thus making the circumstances of recognition…

…for the appellant in this appeal, though it must be said that he did not represent him in the court below, submitted that the case against his client really rested on the two limbs of Stella’s evidence, namely her alleged recognition…

…Neither of these cases, however, referred to the tests to be applied regarding the reception of evidence of identification by voice, which of course, would almost amount to identification by recognition.…

…In the case of the complainant (PW1) and (PW7) it was not a case of identification but of recognition. Both witnesses had seen the appellant previously when he posed as a casual customer.…

…Recognition by the complainant must have been real. When the complainant was forced out of the car by the appellant at gun-point he stood outside the car watching the appellant.…

…As regards Henry (PW 3) Mr Osoro argued that this witness escaped from inside his hut at night and in circumstances which were adequate for recognition of voices and that the report of the witness to Onyando (PW 5) and to…

…In our judgment, the unwillingness, or failure on the part of Abigail to report to Nyambane is understandable and does not in the slightest affect her evidence of identification by recognition, the central pillar of this…

…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.…

…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.…

…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.…

…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…

…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.…

…leading authority on the ‘deadlock’ case, and, referring to the other authorities he cited as a ‘sound and rational development in the law which should be endorsed’, he continued: ‘The words “meaning just and equitable” are a recognition…

…of the fact that a limited company is more than a mere legal entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals…

…Once the authority of the advocate attains recognition, that is after rule 9 has been complied with, one will observe that the advocate is not allowed to do acts on behalf of the petitioner.…

…Recognition of an agent, not necessarily an advocate, to so act is specically provided in this non-mandatory rule. 74.…