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Klaw 110: Criminal Law Question Paper
Klaw 110: Criminal Law
Course:Bachelor Of Laws (Llb)
Institution: Kabarak University question papers
Exam Year:2010
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2011/2012 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
KLAW 110: CRIMINAL LAW
DAY: FRIDAY DATE: 09/12/2011
TIME: 2.00 – 4.00 P.M. STREAM: Y1S2
INSTRUCTIONS
Answer question 1 (30 marks) and any two other questions (20 marks each). Spend the first
15 minutes carefully reading all questions, selecting and planning your answers. Do not
write on any paper other than provided answer papers. Request for extra writing sheets if
required.
Q 1. (a) Define crime from different perspectives. (10 marks)
(b) Distinguish between mala in se and mala prohibita. (10 marks)
(c) Hazima is an aspiring radio journalist trying to break into the big time media world. Her station director, Kalya, thinks that Hazima’s image is altogether too innocent. So he makes arrangements for Mbaya, an aspiring news anchor more known for his flamboyant womanizing and than for his talent, to accompany Hazima to the Journalist of the Year Awards Show (JOYA). The floor tiles outside the plush hotel venue are slippery due to their well-polished surface. Mbaya slips, falling against Hazima and in the process of trying to support himself, rips off her blouse. Mpiga Picha, a photo journalist from Paparazzi Photo Studios, captures the incident on camera exposing Hazima’s torso (upper body). The snapshop appears as if Mbaya is undressing Hazima and she is seducing him. Without explanation, Mipiga Picha sells the photo to Pili Pili! tabloid magazine. It is published under the caption “Secret Love Affair Exposed, But Hazima is not Complaining.” Pili Pili! Magazine does not bother to telephone Hazima directly, but calls Kalya, who believes that “any news is good news,”–and therefore strategically denies any knowledge of the steamy relationship between the two–but does not disclose the interview to Hazima.
Hazima, who is devoutly religious and whose strict faith forbids her from engaging in extramarital love affairs, suffers from emotional distress and acute shock and travels to her rural home to avoid contact with her social friends and urban public in particular. She misses an opportunity to participate in the upcoming Burudika Popular Personality Celebrity Contest at which she was not only a short-listed finalist, but also a favourite to emerge as its outright winner and scoop the first prize of Kshs 5 million cash. She tries to get Mbaya to issue a joint press statement with her attacking Pili Pili! Magazine’s characterization of the photo, but he refuses saying that the
publicity is boosting his reputation as a notorious sex symbol.
Hazima hails from a humble background from a remote region of the country. Her parents hear
nothing about the incident until during their migratory search for pasture and water for their cattle, they have a chance encounter with Maneno who breaks the news to them showing them a copy of the Pili Pili! Magazine. Upon seeing the bare image of their kinswoman, Hazima’s rural clan are incensed and terribly ashamed as to why she chose to bring such dishonor–not only to the community–but worse, as sacrilege against the Almighty. Their clan’s spiritual leader Salibi pronounced Hazima guilty of adultery and ordered an immediate cleansing ritual to stave off the impending curse by condemning her to death by stoning. The punishment is swiftly meted out by the tribe to purge the outrage.
(i) Distinguish between crime and tort (5 marks)
(ii) Advise Hazima’s parents on whether any–and if so, why–criminal liability may or may not attach in each incident of the above situation. If not, then why not. (5 marks)
Q 2. (a) “The law cannot draw the line between different degrees of violence and therefore
totally prohibits the first and lowest stage of it; everyman’s person being sacred,
and no other having a right to meddle with it in any slightest manner.”
Blackstone’s Commentaries on the Laws of England (1765-69).
Critically discuss the effect of this statement in relation to the common law distinction between the offences of assault and battery with particular reference to Kenya. (6 marks)
(b) “The Anglo-American legal relationship to the intersection of mental illness and criminal behavior has always been difficult and fractitious, vacillating between as desire to excuse the insane and a desire to prevent a defendant from ‘getting away with murder.’ ”
Critically discuss the Kenyan criminal law regarding insanity. (6 marks)
(c) Mbindiyo, Onyango and Julio were climbing up a local church tower to practice for a
mountaineering expedition when Mbindiyo and Onyango fell. Three people gathered below to
view the climb from different angles of the building. Julio was having difficulty supporting Mbindiyo and Onyango on the rope to which they were all attached. Eventually after several attempts to secure hold Julio yelled at Onyango: “Cut the rope, man! I cannot support you bothfor much longer! I shall be dragged off too!” Eventually, Onyango cut the rope and Mbindiyo was severely injured in the resultant fall while Julio and Onyango were trapped on the roof.Down below on the ground, Njogu was the first to reach Mbindiyo. He saw that Mbindiyo was seriously injured but did nothing, deciding that he did not want to get involved. Agumbah, a medical doctor, then came around without rendering assistance, as he felt loyal to the public medical profession which was on strike seeking higher wages. Kanja finally got round to Mbindiyo’s aid. However, because of his inexperience in handling first aid cases, he moved Mbindiyo which in turn caused his serious internal injuries to become more severe.
(i) Advise the parties on their criminal liability. (6 marks)
(ii) Would it make any difference if Mbindiyo died immediately upon the fall, or following each
of the respective “treatments.” (2 marks)
Q 3. (a) “Since state security agents have been perceived as incapable of protecting
citizens and the judicial system as incapable of meting out punishments to
criminals, mob (in) justice has become deeply entrenched in Kenya. Whatever the
crime, be it a petty offence, theft of a mobile or a chicken, or grave and
reprehensible, like defilement or murder of a child, the sentence for the culprit at
the hands of the mob is death. So deeply entrenched has the practice become that
those responsible are not afraid to be captured on television screens meting out
mob ‘justice’ on alleged criminals. State security agents appear to condone mob
(in) justice, appearing at the scene of a mob killing only to collect bodies after the
mob has done its work. For the mob, the rule of law, the right to fair trial, and the
requirement that the punishment should be befitting the crime, are meaningless.”
Kenya Human Rights Commission, Bi-Annual Human Rights Report Volume 10
Number July-December, 2008. p 21. In light of the above statement, critically discuss the role of the law enforcement authorities in relation to unlawful assembly and riot under the Penal Code Offences relating to Public Order and Tranquility in Kenya and/or other legislation. (6 marks)
(b) “Under the broad headline of political crimes, there are many various delinquent
behaviours.” Tibamanya Mwene Mushanga, Crime and Deviance: An Introduction to
Criminology (Nairobi, East Africa Literature Bureau, 1976).
Critically discuss the validity of the above statement in modern Kenya. (6 marks)
(c) Shitemi had been participating in a public demonstration, left venue on his way home. He was then attacked on the street by a group of youths. A police officer, Koech arrived at the scene and shouted: “Stop in the name of the Law!” He then ordered everyone to go away. However, being unarmed, Koech left the fracas to seek reinforcements. Mutisiya, who was the adversarial gang leader which broke up the protesters, caused Shitemi to fall to the ground where several of the gang kicked him until he became unconscious. While the officer Koech was away, Wanditi walked by found Shitemi lying prostrate and removed his wallet and took Kshs 5,000/= before leaving. But before Wanditi could get far, Koech then returned from where he retrieved his AK47 assault rifle and shouted “Stop! Armed Police! Stop or I shoot!” Wanditi saw Koech, the policeman, but had not heard because he was half-deaf, began running away. Officer Koech opened fire spaying ammunition everywhere, missing Wanditi but one bullet struck and killed a bystander, Kamweli. Advise the Shitemi and the Koech on criminal liability. (8 marks)
Q 4. (a) The law of “rape” in Kenya has recently undergone radical reform. How has it changed?
(6 marks)
(b) Apart from the law on “rape,” [already considered in 4(a) above] discuss the extent to which other various new sexual offenses have been created by the recent comprehensive legislation and state which offenses have been modified and distinguish such new offenses from other types of Offenses against Morality under the Penal Code (Chapter 63 Laws of Kenya), which remain
unchanged. (6 marks)
(c) Kepta invited a neighbourhood friend, Chelini, to a party at his apartment. Chelini was a well-known total abstainer. Kepta believed that Chelini had walked to the party. Whereas Chelini had in fact come by car. Kepta laced Chelni’s soft drink to see how Chelini would respond. It turned out that Chelini became very ill and declined to drive herself home. Instead, her new neighbour Kajuma offered to carry her home and was escorted by two other party-goers, Zara and Zubida. Upon arrival at Chelini’s house, her friends ensured she was asleep in bed after undressing her. However Kajuma insisted on remaining behind on standby to provide emergency treatment in event that her condition may deteriorate. When Chelini awoke, she Kajuma on top of her but she lacked sufficient strength to resist penetration from his private parts. Her hymen
had been ruptured.
Advise the parties on their criminal liability. (8 marks)
Q 5. (a) Define the offence of theft in Kenya. (6 marks)
(b) Critically distinguish the offence of robbery contrary to section 295 of the Penal Code
(Chapter 63 Laws of Kenya) from robbery with violence contrary to section 296 (2). (6 marks)
(c) Hakika and Mbavu agree to steal electronic commodities from a local shop Hakika takes a
motor vehicle from his next door neighbour’s compound using techniques called hot-wiring or
joining ignition wires together manually to spark the engine into life. Particulars of its
registration number can neither be traced to Hakika nor Mbavu. Hakika drives to the local
shopping centre and waits around the corner while Mbavu enters it.
While inside the shop, Mbavu takes a shopping basket and places some expensive devises into it.He notices that only two out of the seven cash exit points are manned by cashiers. He then proceeds to one of the unstaffed check-out counters at the extreme end of the line. He leans overthe counter and tries to open the cash box on the cashier’s area. However he is unable to do so.Unknown to him, the till had just been emptied. As he is doing this, a staff attendant, Fimbo,notices him and walks over to the till. Mbavu dashes out of the shop and is chased by Fimbo who catches him. Mbavu clenches his left fist and punches Fimbo’s head so hard with a blow to the face which breaks his jaw. Mbavu then races round the corner and jumps into the getaway car shouting at Hakika: “Drive away Quick! Hakika accelerates and drives off. However, one kilometer down the road, he loses control over the steering wheel and the car collides into a tree.Hakika and Mbavu abandon the car and take to their heels, running into the bush.
Advise the parties on their criminal liability. (8 marks)
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