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Klaw 207: Evidence Ii Question Paper
Klaw 207: Evidence Ii
Course:Bachelor Of Laws
Institution: Kabarak University question papers
Exam Year:2011
INSTRUCTIONS:
a. Answer question 1 and any other 2 questions.
b. Question 1 is compulsory.
c. Question 1 carries 30 marks and each of the other questions carries 20 marks.
1. Tumbo Kubwa, a well known politician has had a torrid 6-month affair with an intern,
which ends tragically with her death on a road accident. He is concerned that the matter
might become public one day and affect both his career and marriage. He seeks your
counsel as a lawyer. You advice him to keep quiet and wait. You further advice that any
incriminating letters be kept in your safe in envelopes clearly marked “strictly private and
confidential”. This is accordingly done. Soon thereafter, a burglary occurs at the lawyer’s
office, and a number of letters and files are stolen. The lawyer’s clerk one C reads the
contents of one of the letters left lying on the floor, makes photocopies thereof and sends
them to Mrs Tumbo. The latter is outraged. She petitions for divorce on grounds of her
husbands apparent unfaithfulness as per the copied letters. Advice Tumbo Kubwa on any
evidentiary issues arising. 30 marks
2. What is the place of estoppels in the law of evidence? Under what circumstances can a
previous judgment of a court act as a bar to a subsequent suit or trial?
20 marks
3. “No matter what the charge or where the trial, the principle that the prosecution must
prove the guilt of the prisoner is part of the common law of England and no attempt to
whittle it down can be entertained”. Per Lord Sankay, Woolmington Vs DPP (1935)
AllER 1. To what extent is the above principle applicable in Kenya today?
20 marks
4. The Evidence Act (Chapter 80 Laws of Kenya) recognizes that the contents of a
document may be proved either by primary or by secondary evidence. Explain clearly
what is meant by primary and secondary evidence, and carefully discuss the
circumstances in which primary evidence must be given and those in which secondary
evidence may be admissible.
5. Following the activities of hostile buskers, Parliament hastily passes the Street Musicians
(Repression of Aggression) Act 1994. Section 1 provides: A person performing music
in a public place is guilty of an offence if he asks any person for money therefor.
Section 2 provides: A person does not commit an offence under Section 1 if he makes
his request for money without the use of aggressive words or gestures. The Act
further provides that a person is liable on conviction on indictment for this offence to a
maximum of two years imprisonment or to a fine or both.
Carol is charged with an offence under Section 1 after PC Sang observes her blowing her
trumpet at the Railway Station and shouting at passersby. Carol admits asking for money
but denies aggressive behavious. She wishes to be advised as to the burden of proof on
this issue and the likely consequences for her case if she decides not to testify at the trial.
Advice Carol. 20 marks
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