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Klaw 200: Criminal Procedure And Practice Question Paper
Klaw 200: Criminal Procedure And Practice
Course:Bachelor Of Laws
Institution: Kabarak University question papers
Exam Year:2010
COURSE CODE: KLAW 200
COURSE TITLE: CRIMINAL PROCEDURE AND PRACTICE
STREAM: Y2S1
DAY: THURSDAY
TIME: 2.00 – 4.00 P.M.
DATE: 09/12/2010
INSTRUCTIONS:
• Answer question ONE and ANY OTHER TWO questions
QUESTION 1
(a) Yesterday but one (deduce the date by looking at the date of this examination) at 5pm in Kwa Kunywa Pombe Estate within Nakuru Township, Susan Mwoga Makelele was
walking home to her house within the estate while clutching to her pouch which
contained Ksh 1500/=. Its value was Ksh 750/=. When she reached a junction known as
Kona Mbaya, she met some three young persons (two men and a woman) whom she
knew by appearance. She vaguely remembers one of them as John Mtenda Maovu. The
three brandished knives to her and asked her to surrender her pouch and any monies she
may have had. She started running away but John Mtenda Maovu ran after her and
grabbed her pouch, cutting its strap, resulting in the pouch remaining with him while she
escaped from the danger which faced her.
On seeing this people raised an alarm and begun chasing the three who scattered into
different directions. None of the three was arrested. In fact, John Mtenda Maovu was held
by the hand by Peter Sharp Holder whom he knocked on the face, causing a cut wound on
the lip and at the same time threatened with death when he gets chance to so do.
However, a few minutes later Jane Mama Mboga (who seemed to be the woman who was
with the attackers) was spotted trying to entice Annangel Traffiura to buy the pouch. She
was arrested and is in custody since then. She reported to the police station within her
estate. The police took up the matter and recorded her statement and some more from five
eye witnesses. They have decided to forward to you the file and you are of the opinion
that John Mtenda Maovu and Martin Mwana wa Muovu should be charged in court.
Meanwhile, today morning the police have arrested Martin Mwana wa Muovu, the man
whom most of the eyewitnesses mentioned, but John Mtenda Maovu who was at that
time with him escaped to some house which has three women in it as at this time. Some
policemen who were on patrol rushed to the place where the house is situate and are
wondering what to do since they do not have a search warrant.
Required:
i. Advise what the police should do regarding searching the house. (3 marks)
ii. Advise the police on the process of obtaining a search warrant (if any) (4marks)
iii. Draw (using the Penal Code, Chapter 63, Laws of Kenya) charges facing the
people arrested (12 marks)
iv. Is there a Constitutional issue which may be raised in court regarding arrest and
incarceration of Jane Mama Mboga? Explain. (2 marks)
v. What factors will the court consider in granting or refusing to grant bail?
(8 marks)
QUESTION 2
It is often said that a charge is a formal written accusation of an offence drawn by a magistrate or
by a police officer and signed as required by law for the purpose of use in preliminary
proceedings or in a proper trial.
Discuss the Kenyan law regarding the framing of charge sheets, identifying all the important
aspects of a proper charge.
(20 marks)
QUESTION 3
An arrest occurs when a person restrains the freedom of movement of another person.
Under Kenyan law, who may conduct a lawful arrest? What legal principles apply in conducting
arrests? (20 marks)
QUESTION 4
Using decided cases outline the role of the High Court of Kenya in the exercise of criminal
jurisdiction under the former constitutional dispensation.
How does this role compare to that obtaining under the current constitution of Kenya?
(20 marks)
QUESTION 6
(a) Using decided cases, explain what is and why an identification parade be conducted?
(8 marks)
(b) Discuss the process of conducting an identification parade. (12 marks)
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