Nakuru, 10th June 2025

In the Case of the Fatal Shooting in London Estate, Nakuru City.

Purpose of This Document

This document outlines the international standards and best practices for conducting an identification parade (line-up), especially when a civilian is identifying a police officer suspected of misconduct or criminal conduct. These principles ensure that the identification process is lawful, fair, unbiased, and protects both the rights of the suspect, the safety and dignity of the witness.

This guidance should be strictly followed in the identification parade scheduled following the fatal shooting of a civilian in London Ward/Estate, Nakuru City.

Key International Standards for Identification Parades.

1. Voluntary and Informed Participation
   • Witnesses must participate voluntarily, free from threats or inducement.
   • They must be clearly informed about the purpose of the procedure and their rights.
2. Rights of the Suspected Officer.
   • The suspected officer has the right to legal counsel during the parade.
   • The officer must be treated as innocent until proven guilty.
   • He/she must not be positioned or dressed in a way that draws attention or singles them out.
3. Use of Fillers or Stand-ins.
   • A line-up should include 5–8 stand-ins who closely resemble the suspect in age, build, complexion, and dress.
   • All participants should be treated equally in positioning, posture, and behavior.
4. Neutral and Controlled Environment.
   • The parade must occur in a neutral location, free from public, media, or institutional pressure.
   • Officers overseeing the identification must not be part of the investigating team.

5. Non-Suggestive Procedure.
   • There must be no indications, verbal or non-verbal ,about who the suspect is.
   • Witnesses must not be told the suspect is present or how others have responded.

6. One Witness at a Time.

• Witnesses must enter individually and must not interact or compare views before or after the procedure.

7. Proper Documentation.
   • The entire process must be audio-visually recorded or fully documented in writing.
   • Any identifying or non-identifying responses, hesitation, or body language from the witness should be noted.
8. Protection of Witnesses.
   • Given the case involves police officers, witnesses may face real or perceived threats.
   • Protection measures (identity shielding, safe transport, witness protection services) must be offered before and after the process.
9. Post-Parade Procedures.
   • Witnesses must sign a statement confirming whether they identified someone and their level of certainty.
   • Investigators must record and preserve all details from the session, including if no identification was made.

Legal References for This Guidance.

• UN Code of Conduct for Law Enforcement Officials (1979)
• UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)
• European Convention on Human Rights – Article 6: Right to a Fair Trial
• International Covenant on Civil and Political Rights (ICCPR)

Conclusion

As human rights defenders, we strongly urge IPOA, the Kenya Police Service, and all involved parties to uphold these international standards to protect the integrity of the investigation and ensure justice is served , fairly and transparently.

Prepared by Nakuru Human Rights Defenders Network.