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Criminal Procedure And Practice Y2s1 Question Paper
Criminal Procedure And Practice Y2s1
Course:Bachelor Of Laws
Institution: Kabarak University question papers
Exam Year:2011
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010/2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 200
COURSE TITLE: CRIMINAL PROCEDURE & PRACTICE
STREAM: Y2S1
DAY: THURSDAY
INSTRUCTIONS:
ANSWER QUESTION ONE AND ANY OTHER TWO.
QUESTION 1
(a) Exactly two weeks ago today (deduce the date by looking at the date of this examination)
at 10pm in Pombe Nyingi Estate within Njoro Township, Mary Mweru was walking
home to her house within the estate while clutching to her pouch which contained Ksh
6,500/=. 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 by name as Sura Mbovu. The three
brandished a club and a knife to her and asked her to surrender her pouch and any monies
she may have had. She started running away but Sura Mbovu ran after her and grabbed
her pouch, cutting its strap, and threw it to a colleague who held onto it and took off with
it. Sura Mbovu proceeded to pounce on her with blows and kicks, hurting her seriously
and asked her to lie down and take off her underpants. In fear, she took them off and her
also took off his trousers and was about to start having carnal knowledge of her after her
lay on her, only to her footsteps of a crown of people who were acting in response to her
alarm running from a certain corner shouting, “wapi huyo?” He then took off.
The people begun chasing him be he outcompeted them. None of the three was arrested
immediately but as Sura Mbovu ran towards Kona Nzuri, he was accosted by Peter Sharp
Holder who held onto his shirt so strongly that on fearing other members of the public
would catch up with him, he took out a knife he had hidden in the pocket and slit Peter
Sharp Holder’s throat. Peter Sharp fell to the ground and later he died. Sura Mbovu
thereby had a further chance and managed to escape. However, a few minutes later Mama
Shiro (who seemed to be the woman who was with the attackers) was spotted trying to
entice Beatrice Kamwana to buy the pouch. This was reported to the police station within
her estate and she was arrested moments later. The police took up the matter and recorded
her statement and some more from five other eye witnesses. Sura Mbovu has been
arrested this morning. Police have decided to forward to you the file and you are of the
opinion offences were committed by Sura Mbovu, and Martin Mwana wa Muovu who is
yet to be arrested, and any other person whom the facts disclose an offence against.
Meanwhile, there is word going round Martin Mwana wa Muovu is hiding in a house in
which there are three women as of now. Some policemen who were on patrol have 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 to the
persons charged?
(8 marks)
QUESTION 2
(a) Using decided cases, explain what is and why an identification parade be conducted?
(6 marks)
(b) John Mlamba Chochote was arrested yesterday evening on suspicion of being among the
gang which raped Pamela Mtembea Msituni Usiku last night at about 10 pm. He has been
taken to the women’s cell and made to deny his involvement. As he was being led out, to
the identification parade, he met the investigating officer who was in the company of the
complainant, taking her statement. The said officer asked him, “Are you sure you are not
the one who raped this woman?” He still denied it (although he knows as of truth he was
among them). He has been taken to the identification parade being conducted by the
investigating officer in an athletics arena where there are people who are waiting to cheer
a sports competition involving Mr. Rudisha Mjomba and Pamela Chepngetich, re-known
athletes in Kenya. John asked to have his advocate present but unfortunately by the time
he arrived the parade had been constituted and conducted because the officer had to hurry
to court for another matter. He was lucky to successfully ask to be in the parade of 15
people, with two other suspects in the case. The people in the parade were fairly uniform
in appearance except that due to the unavailability of hats, 13 of them wore but they two
were asked to lend theirs to the persons standing next to them after the witness has gone
through the first round of the identification. John has been positively identified by the
woman victim. He actually said, upon being pointed to; “Oh no. Nimepatikana.” After
which the officer quickly retorted, “I told you!” and he quickly signed the report and
rushed to court.
The report has been given to you the magistrate handling the case. Decide whether and
why the report is admissible. (14 marks)
QUESTION 3
(a) “An arrest occurs when a person restrains the freedom of movement of another person.”
You have been appointed a resource person in a seminar enlightening the police
regarding this statement as it compares with the draft laws which are mean to reform the
force. Limit yourself to and the legal principles which apply in conducting arrests.
(10 marks)
(b) The Chief Magistrate, Nakuru Law Court has issued a warrant of arrest against Juma
Kemboi who has jumped bail in the criminal case in that court. It has been established
that the said Juma has since relocated to Wajir township where he is concealing his
presence as a Somali refugee. Explain the procedure of effecting the warrant against him
and the steps to take to ensure he is availed in the appropriate court, assuming he is
arrested. (10 marks)
QUESTION 4
Outline the role of the High Court of Kenya in the exercise of criminal jurisdiction under the
former and new constitutional dispensation. Comment whether this role has been limited of
expanded in regard to the subordinate and other courts.
(20 marks)
QUESTION 5
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 principles of framing a charge sheet. Do a detailed analysis of the important aspects
of the requirements. [20 marks]
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