Exploring the significance of the effects of reliability of eye witness testimony during investigations and in the trial process

Abstract

The justice system in kenya and world over heavily rely on eyewitness testimonies to convict the suspects and therefore extracting maximum credible amount of information from an eyewitness helps to prevent wrongful conviction. The aim of the study was to explore the significance of reliability of eyewitness testimony involving adults and pre-adult witness during investigations and consequently in the trial process the specific objectives of the study was to assess the influence of cross-examination on reliability of eyewitness testimony during trial process, to determine the impact of fear by eyewitness when testifying during investigations, including interviewing techniques and to examine the effectiveness and reliability of expert witness testimony during investigation process. This research adopted a mixed method approach to collect both qualitative and quantitative data from the legal system practitioners who included prosecutors, defense attorneys and police officers that were tried at milimani law courts in nairobi county. The study findings show that cross-examination tactics in kenya are adversarial. The system remains purposefully challenging to eyewitnesses. The structured interview (si) is the commonly used for witnesses and victims interrogation technique to get information by police officers as compared to the cognitive interviews(ci).Some trial courts, judges and magistrates allow an expert witness to testify about the unreliability of eyewitness testimony if the expert testimony is deemed reliable under certain circumstances of the case. This implies to the need for expert evidence. Therefore, cross-examination, interview technique and expert witness testimony has significant effect on reliability of eyewitness testimony. There is need to adopt international good practice guidelines in cross-examination, interview technique and use of scientific procedures, admit expert eyewitness testimony in criminal cases to avoid wrongful convictions.