Tuesday, September 14, 2004

Outlawing of Confessions in Police Custody

Nairobi: Efforts to fight crime has been undermined by the outlawing of confessions made by suspects while in police custody, a senior police officer has said.
Rift Valley provincial police chief Joseph Kitonyi said the repeal of sections 46 and 47 of the Evidence Act had greatly hindered investigations.
Before the repeal in 2002, such confessions were used in court as evidence, but they are no longer accepted, he noted.
Briefing journalists in his Nakuru office on the security situation in the province, he said law enforcers faced many challenges as they fight crime.
"On many occasions, the police are left with exhibits recovered from suspects, but since their confessions are no longer acceptable as evidence, such recoveries cannot directly be linked to the source," Mr Kitonyi said.
Such technical problems cause the police to lose criminal cases, he said, adding that notorious criminals were usually released from prison because of challenges posed by the law.


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