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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.…

…It was therefore a matter of recognition. However, he did not seem to know the name of Accused Two and added he had never met Accused Two before.…

…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.…