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Criminal Procedure Question Paper
Criminal Procedure
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2016
KENYATTA UNIVERSITY SCHOOL OF LAW
TAKE AWAY CAT
CRIMINAL PROCEDURE
INSTRUCTIONS:
Answer all the questions in details
All work should be an individual effort (not group-work)
All work should be handed n in/within a weeks time.
On the morning of 15th October, 2016, MKALI WAO was on his way to the Nairobi CBD in pursuit of some old friends, MAKALI and MJANJA, with whom they had met while serving time for petty- theft at Naivasha Prison offences which they had previously perpetrated on separate occasions and in different jurisdictions. They trio had earlier in the month met at MKALI WAO’s residence at MAJENGO ESTATE and conspired to rob THE MWANANCHI BANK located on Mama Ngina’s Drive.
On the fateful morning, MKALI WAO was to come with a consignment of assorted weapons to execute the robbery, while MAKALI and MJANJA were to steal a car to be used for their escape from the crime scene. ROBERTS, the Bank Manager, was always first to open the banks’ premises and as usual he was in the company of two private security officers from K4S Security Services one RAMA and BELO. The three accomplices ambushed the banks employees as they were just about to open the bank, forced them inside the banks premises and after some minutes charged out of the bank each carrying a bags. As the trio were making their escape to the stolen vehicle parked some few meters from the banks entrance shooting into the air, two other employees KAMA and TINA were making their way into the Bank and were able to witness the incident. KAMA and TINA entered the Bank where they found their manager and the two security officers tied on the floor face down and while KAMA helped free them from the shackles TINA triggered the bank’s alarm system and called the police on 911 to report the robbery.
Police officers from The Central Police Station were fast to the scene of the crime in response to the 911 call and consequently an investigation into the robbery was mounted. After two days of investigations the vehicle was tracked down to MAJENGO ESTATE at MKALI WAO’s compound, and upon further search the Investigating Officers found in MKALI WAO’s house a detailed plan of the robbery, a bag full of assorted weapons and another full of money . After MKALI WAO’s arrest and intense interrogation he gave up the names of his accomplices and their location which information led to the arrest and recovery of the accomplices and the stolen money respectively.
You are the Chief Legal Counsel, Central Police Station, a position created after the institution of reforms in the police service, summoned at a consultative meeting advice the panel on: (in full details)
a) What documents will constitute the prosecutions file (5 marks)
b) What documents will constitute the courts file (5 marks)
c) what are the documents to be found in the defence advocate’s file. ( 5 marks)
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