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Criminal Procedure Question Paper
Criminal Procedure
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2013
KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2013/2014
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
LPR 200: CRIMINAL PROCEDURE
DATE: TUESDAY 10TH DECEMBER, 2013 TIME: 3.00 P.M.- 5.00 P.M.
INSTRUCTIONS:
1) Answer question ONE and any other TWO questions
2) You will be penalized for failing to answer question ONE
3) Support your answer with relevant case law, statutes and any other relevant references where necessary
4) Write neatly and legibly
5) Your answer sheet must bear your student registration number
QUESTION 1(Compulsory)
Maina Murage is employed as a driver by one of the many companies owned by Bwana Mali. One of his main duties is to drop and pick Bwana Mali’s twin daughters to and from an international private school within the County of Nairobi. On Tuesday September 17th,2013, Mr. Murage picked the twins Rehema and Sarah Musalia, now 14 years old, from their house in Riverside and dropped them at their school in uptown Lavington. When he went back to pick them in the evening at 4.30 pm the twins were no where to be seen. The watchman said they were picked up by a motor vehicle that appeared like Murage’s in both size and colour.
Murage made a frantic telephone call to his boss and asked whether he had made arrangements for the twins to be picked from school. Bwana Mali said he had not and was immediately stunned into shock. His wife Anne had travelled abroad two weeks ago, so she could not have picked the girls. What was happening? Bwana Mali was at a loss.
He decided to go to Parklands Police Station and make a report of the disappearance of his twins. At the police station, the police were not sure what to record in the Occurrence Book. However they took his statement and asked him to keep them informed of any developments in the case.
At 1.00 am the following morning, Bwana Mali received a call from “a private number”, meaning the callers’ identity was deliberately hidden. The caller introduced himself as the Undertaker and revealed that he knew where the girls were and could help Bwana Mali secure them if conditions he gave were met. He calmly asked Bwana Mali to deposit the sum of Kshs 85 million into a current account in a neighbouring foreign country and warned him against involving the police in the case. He warned Bwana Mali that involving the police would endanger the girls’ lives. In fact, he promised that his people would kill them.
Although Bwana Mali is wealthy by any standards, there was no way he could raise such a vast sum of money at night. He woke up and went back to the police station and reported what had transpired. The police inserted a chip in Bwana Mali’s mobile phone. The chip was fitted with technology that could trace the geographical location of the caller and the police were able to monitor it. They instructed Bwana Mali to engage the caller, should he call again, for as long as possible to make tracing him easier. The undertaker called again two days later and asked for the lower sum of Kshs 50 million in exchange for release of the twins.
After one and a half weeks the demand had been reduced to Kshs 20 million. But the police had discovered the location of the caller to be an isolated house in Ngong Hils. On raiding the house, the police rescued the twins and managed to arrest the undertaker, whose real name turned out to be Wilson Peter. There were six other men with him namely, Naftali Omwami, Musa Juma, Christopher Musamali, Patrick Steven, Chiaba Peter and Geoffrey Amula.
a) Draft a charge and particulars for each of the offences that the Prosecution could charge the suspects with. Also, indicate the court in which the suspects may be charged. (20 marks)
b) Assuming the police go ahead and charge the suspects with the offences you have identified in (a) above, advise the suspects on their right to a fair trial. (10 marks)
QUESTION 2
“An arrested person has the right to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.”
a) Explain what you understand by the term “bond or bail” (2 marks)
b) Identify the three different situations when a person may apply for bond or bail. (3 marks)
c) Critique recently decided Court cases on bond or bail applications by persons accused of serious crimes such as murder, robbery with violence and terrorism. (15 marks)
QUESTION 3
Evaluate critically the powers of the Director of Public Prosecutions (DPP) under the Constitution 2010. (20 marks)
QUESTION 4
A court of law has the power to convict a person charged with criminal offence for an offence other than that which he or she is charged. With reference to statutes and decided cases, explain the instances where a court may exercise such power. (20 marks)
QUESTION 5
Write explanatory and analytical notes on ANY FOUR of the following:
a) Prosecution of corruption offences (5 marks)
b) Private Prosecutions (5 marks)
c) Inquests (5 marks)
d) Procedure in cases of lunacy (5 marks)
e) Procedure on a plea of guilty (5 marks)
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