Man saved from death by shoddy police work

Police failure to conduct an identification parade for suspects has earned a death row convict freedom after two courts condemned him for robbery with violence.

Peter Igeria is lucky to walk free after the Court of Appeal overturned his conviction and death sentence on February 28.

He was found guilty in 2015 by a magistrate’s court. He allegedly committed the crime in Kirinyaga in 2013.

The High Court affirmed the conviction in 2017.

On September 11, 2013, around 9.15pm, Igeria in the company of four others ambushed Raphael Thome at his gate as he arrived home from his bar.

The five men smashed the windows of his car while demanding money. He gave them Sh6,000 and his phone valued at Sh7,000.

In court, Thome testified that he was able to recognise Igeria because he demanded money and was his regular customer at the bar.

The security lights were on at the time of the attack. But appeal judges wondered why the magistrate did not ask police why they did not conduct a parade for the victim to identify the suspects.

“We note that the two courts below did not test the evidence of identification with the required care and caution. The fact that the lights were bright was not sufficient in itself unless it is related to, for instance, the position the assailant was in from the light and the distance from him to the identifying witness,” the judgement says.

“Considering the seriousness of the offence and the sentence one stands to face upon conviction for the offence, it was imperative that the evidence of identification was carefully and cautiously considered and, as we have said in this judgment, the court needed to be certain that the evidence of identification was positive and safe.”