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Criminal Procedure. Question Paper
Criminal Procedure.
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2011
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.
4.Write neatly and legibly.
5.Your answer sheet must bear your student registration number.
QUESTION 1
On the morning of 25th July 2005, a Kenya Airways plane landed at Jomo Kenyatta International Airport(hereinafter referred to as JKIA) at about 5.00 am to refuel,en route from Mumbai to Julius Nyerere International Airport,Dar es Salaam,Tanzania.Aboard the plane were two citizens from the republic of Tanarama namely Mhadarati and Msimamizi who disembarked at JKIA Nairobi.
After disembarking,Mhadarati and Msimamizi,went through the normal security and immigration processes successfully.While at the luggage lobby of JKIA,two anti narcotics police officers in plain clothes noticed something fishy about Mhadarati and Msimamizi.The two Tanarama citizens were restless and fidgety. The two anti narcotics officers approached Mhadarati and Msimamizi and requested them to accompany the police officers into an observation room within JKIA.
Inside the observation room,the two anti narcotics police officers realized that the Tanarama citizens were holding their stomachs complaining of stomachaches.The two anti narcotics police officers decided to give the two citizens from Tanarama water and allowed them to go to the toilet to relieve themselves.The toilet is usually designed in such a way that any drug pellets emitted by any person carrying them in their rectum is preserved.Mhadarati and Msimamizi emitted 36 and 30 pellets respectively into the toilets.On a closer observation by the anti narcotics police the pellets were found to have 3 kilograms of cocaine cumulatively.On further observation,it was found that the two were carrying forged passports and hence in Kenya illegally.The two were immediately arrested and taken to JKIA police station,where several charges were preferred against them.
You have just been appointed a junior state counsel at the Attorney General's offices based at the State Law Offices, Nairobi;
a. Advice the police on what charges to be preferred against the accused person and the contents of the charges.
b. Draft the charges. (20 MARKS)
QUESTION 2
Write short explanatory notes on four of the following.
a. Ne bis in idem.
b. Trial within a trial.
c. Prima Facie Case.
d. Exhibits. (5 MARKS EACH)
e. Arrests without warrants.
f. Habeas Corpus.
QUESTION 3
a. Define bond or bail. (10 Marks)
b. Once the court has identified that the offense is bailable, it has to ensure that the accused person is entitled to the same.There is no table in the Criminal Procedure code that stipulates bail terms.It only states the ways in which bail can be granted.
Discuss ways in which bail or bond can be granted. (10 Marks)
QUESTION 4.
a. What are the rights of an accused person under the new Kenyan constitution? (10 Marks)
b. What are the principles of a fair trial under the new Kenyan Constitution? (10 Marks)
QUESTION 5
The director of Public Prosecutions(DPP) has been given immense powers under the new constitution.Previously the powers were accorded to the Attorney General who exercised them authoritatively.
Discuss the powers of the DPP under the new constitution and the limitations therein if any. (20 Marks.)
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