By Musyoki Kimathi
Q: Sometime last year, I was accosted by police officers accompanied by a civilian who then arrested me after the civilian pointed at me and said "ni huyu". I was later charged with robbery, despite my pleas that I was never at the alleged scene of crime. Though the case is still ongoing, I am concerned what the procedure is in identifying crime suspects since many people could become victims of malice.
A: The simplest and commonest way of ensuring that justice is meted out on the rightful receiver is where the suspect is nabbed in the act. But there are instances where the suspect is not apprehended at the scene of crime. In times like these identification parades become necessary so that only the true suspects are arrested and that innocent members of the public are not unduly victimised.
Assembling suspects
Identification parades are an assembly or a line up of persons purposed at confirming the identity of a person amongst a group of persons who are his peers. The rationale behind identification parades is to show to a victim or a witness, persons of similar physical character, height, age and general body appearance, in order to ascertain whether the suspect can be identified as the perpetrator. These parades, therefore, test the veracity of any witness’ claims that the suspect is indeed the person they saw commit the crime.
Conducting an identification parade is not mandatory, particularly where the identity of the accused is not in dispute. Therefore, failure to conduct one does not necessary invalidate an arraignment, but may only weaken the prosecution’s case. Generally, identification parades form part of the evidence gathering process and as such are not deemed a judicial process.
Evidence gathering
They are governed by the police force standing orders, which stipulate the rules that ought to be followed when they are being conducted. Under these standing orders, it is the right of every accused person whose identity is in question to have an identification parade conducted and to be informed by the officer that an identification parade is taking place.
He is also entitled to have a legal representative or friend present during the parade. Further, no witness shall be allowed to see the accused prior to the parade.
As pertains to the composition of the parade, the rules provide that the accused must be placed amongst at least eight persons of similar general appearance. Neither the accused person’s clothing nor any of his unusual physical features such as a scar or a tattoo should influence his identification, and steps must be taken to conceal such scars or visible marks.
Suspects’ rights
At the parade, the accused has a right to take up any position that he wishes. He may also change his position as frequently as he wishes where the witnesses are more than one. Witnesses may not be allowed to communicate with each other during the parade. It is equally vital that the witnesses do not communicate with the police officers in charge of the parade and that an independent officer conducts the parade.
Upon identifying the accused person, the law requires that the witness actually touch the accused. This quintessentially removes any doubt as to the identity of the accused. If the witness desires to hear the accused speak, or even walk, he is allowed to make such requests. Lastly, at the end of the parade, a record shall be made by the police officer conducting the parade and he shall ask the accused if he is satisfied with the parade and record his reply in some form.
