Reference no: EM133659849

Assignment:

Ben was arrested alongside four other suspects for the suspected crime of robbery with violence. The complainant, Joyce, has been invited to participate in an identification parade. The leading police investigator is present at the parade. The parade has two suspects, one of them being Ben. The lead investigator points at Ben and asks Joyce whether he is the one she saw at the crime scene. Joyce confirms that Ben is the offender. She, however, adds that the street where the robbery took place was dark with no street lights. She also reiterates that it was Ben at the scene, even though she had never met him before. A lawyer at the parade does not represent Ben, and neither does he have any third party with him.

After the parade, the suspects are taken to court, and the charges are read out to the four accused. The first three accused pleaded guilty to the charge of robbery with violence. The judge does not ask Ben to plead to the charge. The judge records a plea of guilty for all four accused, including Ben. While sentencing the four accused, including Ben, the judge bases his sentence on the plea of guilty by the four accused, including Ben. In addition, the judge finds that Ben's identification at the parade was evidence of his guilt. The four accused are consequently sentenced to death.

You come on record as Ben's lawyer for the purpose of appealing against the conviction and sentence.

(a) Critically examine the process of identification and all the relevant issues that arise from the above facts using kenya laws

(b) Discuss the grounds upon which Ben's appeal would be based and the chances of success in kenya laws