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Klaw 201: Evidence I Question Paper

Klaw 201: Evidence I

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. Define judicial notice and with reference to statutory provisions and judicial decisions,
explain matters in respect of which a court of law can take judicial notice. 30 marks

2. “It is undoubtedly not competent for the prosecution to adduce evidence tending to show that
the accused has been guilty of criminal acts other than those covered in the indictment for the
purpose of leading to the conclusion that the accused is a person likely from his criminal
conduct or character to have committed the offence for which he is being tried.” Lord
Herschell in Makin Vs Attorney General for New South Wales (1894) AC 57. What
exceptions are there to this general rule? Illustrate your answer with reference to statute and
decided cases. 20 marks

3. What is the place of estoppels in the law of evidence? Under what circumstances can a
previous judgment of a court of law act as a bar to a subsequent suit or trial. 20 marks

4. (a) Define a confession. 5 marks
(b) what is the admissibility of a confession in criminal trials in Kenya. 15 marks

5. Write short explanatory notes on the following:
(a) Res gestate. 5 marks
(b) Relevant Facts. 5 marks
(c) Facts in Issue. 5 Marks
(d) Admissibility. 5 marks

Klaw 201: Evidence I Question Paper

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