Search court decisions

…Though recognition might be more reliable then identification of a stranger, the court should nevertheless remind itself that mistakes in recognition of close relatives and friends, have been made.…

…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.…

…Recognition is different from identification but still it would be rampant with sequence if the conditions are not conducive to proper identification.The point here is that PWI led police to house of accused 1 the same night…

…There is the evidence of P.W.1 of recognition, which I acc find that p.w.1 was mistaken in his recognition. The result is that I find the two accused to have been at the scene on the night of the incident.…

…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 way to approach such evidence of visual identification was succinctly stated by Lord Widgery CJ in the well known case of R v Turnbull [1976] 3 All ER 549 at page 552 where he said: “Recognition may be more reliable than…

…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 friends are sometimes made.”…

…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…

…Where the only evidence against a defendant is evidence of identification or recognition, a trial court is enjoined to examine such evidence carefully and to be satisfied that the circumstances of identification were favourable…

…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.…

…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.…

…We accept the proposition by Harris J in Nilsson’s case that a plea of guilty from a first offender requires recognition as a matter of principle, although we would not necessarily subscribe to the reasons Harris J gave for…

…These Standing Orders (Nos 37 and 74) were enacted in recognition of fundamental principle of separation of powers. 11.…

…These Standing Orders (Nos 37 and 74) were enacted in recognition of fundamental principle of separation of powers. 11.…

…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.…

…We accept the proposition by Harris J in Nilsson’s case that a plea of guilty from a first offender requires recognition as a matter of principle, although we would not necessarily subscribe to the reasons Harris J gave for…

…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.…