Reference no: EM133479600

Question

The police arrest Kache, a drug addict, on suspicion of a burglary in which a silver jug and a gold antique jug were stolen. At Kitu Kidogo Police Station, Kache complains of withdrawal symptoms, but the police officer decides he is fit to be interviewed and denies his request for medication to ease his symptoms. During the course of the interview, Kache begins to hallucinate and confesses to the burglary "so long as you keep the spiders away from me" In the course of the confession, he tells the police officer that the silver jug is with his accomplice Menza and that she buried it under a stone in the neighbour's garden. The police obtain a search warrant but find nothing at Menza's flat. However, they find the gold jug in the neighbour's garden with Menza's fingerprints on it. Menza is arrested. Her advocate advises her to remain silent. She is charged based on Kache's statement but released on bail. She later claims she has an alibi.

Discuss the issues that arise out of this scenario and identify the various laws in kenya governing the admissibility of the evidence. What arguments might the prosecution make for admitting the evidence, and what arguments might the defence make to exclude the evidence in kenya.