RYAN KIRUGI CRIMINAL LAW ORDINARY

MWANGI EXAMINATIONS
FULL TIME LEARNING 19/02873 BISF 2205

QUESTION ONE

It is generally agreed that the essential ingredients of any crime are

(1) a voluntary act or omission (actus reus), accompanied by (2) a
certain state of mind (mens rea). An act may be any kind of voluntary
human behaviour. Movements made in an epileptic seizure are not
acts, nor are movements made by a somnambulist before
awakening, even if they result in the death of another person.
Criminal liability for the result also requires that the harm done must
have been caused by the accused. The test of causal relationship
between conduct and result is that the event would not have
happened the same way without direct participation of the offender
Mens rea in criminal Law means to have a blameworthy mind while
actus Reus means culpable mind. To constitute a crime, there must
be an act and the two acts must happen simultaneously. For John,
Otieno, and Bob to be found guilty the two elements must be
proven. Therefore, Otieno who is a minor is not criminally liable
because actus reau and mens rea cannot be proven against him.
Consequently, Bob who is a mental patient is not criminally liable
since the two elements cannot be established from a mentally ill
person. Section 12 of the Penal Code in Kenya criminal law provides
that a person is not criminally responsible for acts and omissions
believed to be committed while suffering from mental disease. For
John, he will be charged for criminal offense once actus raus and
mens rea are proven against him.

QUESTION TWO

a)
One has to know his rights when arrested first, according to the
Constitution of Kenya49, Rights of arrested persons An arrested
person are
 to be informed promptly, in language that the person
understands, of,
the reason for the arrest;
the right to remain silent; and
the consequences of not remaining silent;
 to remain silent;
 to communicate with an advocate, and other persons whose
assistance is necessary;
 not to be compelled to make any confession or admission that
could be used in evidence against the person;
 to be held separately from persons who are serving a
sentence;
  to be brought before the court as soon as reasonably possible
 at the first court appearance, to be charged or informed of the
reason for detention continuing, or to be released
 a person shall not be remanded in custody for an offence if the
offence is punishable by fine only or by imprisonment not
more than six months.
b)
steps to follow when you are labelled an accused in a criminal
case
 Arrest - Criminal cases, are cases in which the State is the main
complainant. Such offences can include robbery with violence,
assault, murder and rape. Such cases are thus initiated by the
State through its law enforcement agencies such as the police
and will in most cases start with an arrest. It is important to
note that, you do not lose your fundamental human rights once
you become arrested.
 Taking a plea - This step is a about accepting or denying the
charges that are being leveled against you. It happens once you
are presented in court for the first time. At this stage you are
not required to defend yourself as this will come later. But any
accused, including those accused of murder can be granted bail
as this is provided for by the constitution.
 Trial - The trial is the stage during which the facts of the case
will be presented. This is usually done by the Prosecutor. The
prosecution may call witnesses to testify against you as they
support their case. When the prosecution closes their case, two
things might happen. The magistrate or judge may rule on a no
case to answer motion or the accused is put on their defense.
 Defence - If the court finds that you have a case to answer,
then you will proceed to the defense stage where you will need
to present your facts to counter those of the Prosecution. This
 is your chance to refute the evidence against you. You can do
this in three ways: sworn testimony that will be cross-examined
by the prosecution; calling witnesses; using an unsworn
testimony which is not subject to cross examination. It is also
your right to remain silent at this stage and await the court’s
judgment. Once this stage is closed, the magistrate or judge
then proceeds to write the judgment.
 Judgment - If the court finds that you have a case to answer,
then you will proceed to the defense stage where you will need
to present your facts to counter those of the Prosecution. This
is your chance to refute the evidence against you. You can do
this in three ways: sworn testimony that will be cross-examined
by the prosecution; calling witnesses; using an unsworn
testimony which is not subject to cross examination. It is also
your right to remain silent at this stage and await the court’s
judgment. Once this stage is closed, the magistrate or judge
then proceeds to write the judgment.
 Acquittal/sentencing - In case you get acquitted, then you will

walk scot-free. But the court can pass a sentence which may
require you to pay a fine, serve a jail term or both. You can also
be put on probation for a period of time during which you are
surveyed closely so that you do not commit another offence.