Have you ever heard of or come across identification parades in Kenya? These processes are mainstays in the criminal law procedures and for a good reason. We talk about what they are and how they tie back to court processes.
What are identification parades in Kenya?
Identification parades in Kenya are used where a crime has been committed, but the suspect was not caught red-handed, or the suspect escaped from the scene only to be arrested later, and it is therefore important for him to be identified by witnesses as the person who committed the offence. As such, identification parades involve lining up a suspect alongside other people who match the suspect’s likeness, thus to ensure that the identification process is objective. This parade is a police procedure that is conducted before witnesses and is crucial for the evidential value of identification in a criminal case.
Guidelines on identification parades
There are clear guidelines on how identification parades in Kenya should be conducted as per the Law and particularly the Criminal Procedure Code and the Police Standing Orders.
Where an identification parade is not conducted as per the law, the result of that identification parade can be challenged in court by the defence advocates, the accused , and even the courts.
So, which are these guidelines informing identification parades in Kenya?
1. Right to Information.
To begin with, the suspect must be informed of the parade’s purpose and their right to have an advocate and or friend during the process.
2. Cause for Objections.
The suspect has a right to question the process or object to the same.
3. Fairness.
The process must be conducted in a fair manner. Where there are several witnesses, they should not see each other before the process. The witnesses must also not see the suspect before the parade or be shown his photos, as this will invalidate the value of the parade.
4. Similarity.
During the parade, the suspect must be in the group from which the witness will choose. In the group, there must be at least eight people in that lineup other than the suspect. These people must be similar to the suspect in terms of age, height, build, class, complexion, etc.
5. Objectivity.
The group must not have some members with suggestive elements like handcuffs, and visible attributes like scars, unusual gait, etc., or any peculiarities that would influence the process.
6. Visibility.
Where the identification parade will be conducted in a room, that room must be well-lit evenly so that the light equally covers all the people in the parade. This is to help the witnesses see the fine details of the lineup people, and hence it is recommended that the distance between them should be reasonable and equal.
7. Influence.
Lastly, the investigating officer should not be present during the identification parade. This is meant to ensure that the investigating officer does not influence the process by giving hints or clues to the witness, and hence the identification parade should be conducted by a neutral officer for it to hold water in the courts.
How do these parades take place?
Once the guidelines are observed and the witness and the officer conducting the process are ready, the witness is asked to identify the suspect, and this is normally done by touching the suspect.
The witness can also identify the suspect by stating his position on the line. The most important part is for the witness to identify the suspect in a very clear way, leaving no doubts as to the person thus identified.
Unique circumstances during identification parades
There are instances where the witness might not be able to identify the suspect due to various reasons. One of the reasons might be that the witness is afraid of the suspect, and in this case, the officer in charge of the process should ensure full security of the witness at the time. Sometimes, the witness might not be in the right frame of mind to go through the process, in which case the process might be repeated on another occasion.
The witness can also request that the parade be conducted in a certain way so that his ability to identify the suspect is enhanced. For example, where the suspect may have a certain way of walking, the witness can request that the persons in the group walk so that he can see whether the witness has that gait and therefore identify the person. Or if the accused had a certain scar somewhere, he can request that the scar area be made visible.
The whole process must be documented meticulously from the preliminary stage to the end. The suspect and his representative, if any, are to sign the written report. Failure to follow the procedure renders the identification evidence unreliable, leading to an acquittal.
The importance of identification parades in Kenya
This process is very important because there are many instances where crimes are committed in circumstances where the suspects are not caught at the scene and are later apprehended or are consequently caught with stolen items. At the same time, it can be that the crime happened very fast, or the lighting in the room was not good enough for the villains to be identified. At other times, the suspects cover their faces, and the victims cannot see their faces. The criminals might also have been armed at the time of committing the offence, and the victims were afraid to look at them.
Where any of the aforesaid scenarios happen, the issue as to whether the suspect actually committed the offence arises. An Investigating officer, therefore, has to conduct a parade to preempt an unresolved identification issue arising during the hearing of the criminal case.
It is due to the existence of this kind of scenario that it becomes imperative, once the suspects are apprehended, that the witnesses to the crime come forward and identify the suspects. Again, because the victims are also sometimes not sure about the persons who committed the offence, the identification parade is conducted to ensure as much as can possibly be ascertained that the suspects were the actual persons who committed the offence.
A note on wrong identifications
There also exists the possibility of persons being wrongly identified at the parade as having taken part in the commission of the crime. To prevent this possibility and ensure that an innocent person does not suffer for a crime they never committed, it is sometimes also considered important for corroborative evidence to be supplied by the victims to clear any doubts on whether the person identified at the parade committed the offence.
Curious about identification parades in Kenya? Get legal advice.
If you are embarking on an identification parade, be it as a witness or as the accused, it is natural that you would have questions pertaining to this process. Our legal experts are here to answer your questions. To get a one-on-one consultation, simply use the form below.