CRIMINAL JUSTICE SYSTEM MANAGEMENT

WRITTEN ASSESSMENT
Time: 3 Hours

INSTRUCTION TO CANDIDATES
Maximum marks for each question are indicated in brackets ( ).
This paper consists of THREE sections A, B and C.
Answer the questions as per the instructions in each section.
You are provided with a separate answer booklet.

This paper consists of SEVEN (7) printed pages

Candidates should check the question paper to ascertain that all pages
are printed as indicated and that no questions are missing

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 SECTION A (20 MARKS)

Attempt ALL questions in this section

Each question constitutes one (1) mark

1. Decisions about what laws should be created are often based on;-
A. Morality
B. Leadership
C. Historical study
D. Crime data
2. Having a sound theoretical understanding of criminal justice issues can
A. Aid criminal justice professionals in enforcing the law.
B. Aid in developing effective crime policies.
C. Aid in understanding the functions of criminal justice.
D. All of the above.
3. What type of advocate represents the accused in a court of law?
A. Public prosecutor
B. Defence lawyer
C. Judge
D. All of the above
4. The branch of government tasked with the administration of public affairs, and the
enforcement of laws and policies.
A. Judicial Review
B. Hierarchical
C. Trial Court
D. Executive Branch

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5. A negotiated agreement between the prosecution and the defendant where the defendant
agrees to plead guilty to a lesser crime than that originally charged, or to a lesser sentence
than can normally be expected if the case goes to trial.
A. Juvenile Justice
B. Plea Bargain
C. Hierarchical
D. Three Branches of Government
6. Crimes conducted over the internet or other computer network.
A. Embezzlement
B. Tort
C. Commentaries on the Laws of England
D. Cybercrime
7. What is the name of a serious crime normally punished by three years of imprisonment or
more?
A. Felony
B. Case Law
C. Damages
D. Street Crime
8. Which article of the constitution gives an arrested person the right to be defended by an
Advocate?
A. Article 51
B. Article 42
C. Article 49
D. Article 102
9. Which of the following is an important function of the police?
A. To punish the accused
B. To send him to jail
C. To arrest the person on complaint
D. To arrest the neighbor of a thief

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10. Define the term offence; -
A. Fair trial
B. Accused will be put in jail
C. Passing a judgement
D. Any act that the law defines to be a crime
11. Which of the following is NOT a reason for court to deny Bail to the accused?
A. He guarantees Court attendance
B. He is a threat to society
C. He might escape from Court’s jurisdiction
D. He is not safe in the society
12. Which of the following is the function of a prosecutor?
A. Cross examination of the accused
B. Pass the sentence
C. Arrest the accused
D. Investigation
13. What is the name of the judgement given once the accused is convicted?
A. Prosecution
B. Sentence
C. Award
D. Reward
14. What is the act of keeping the accused in custody by the police as they wait for trial?
A. Harbeous corpus
B. Prison
C. Detention
D. Containment
15. Which of the following in not a form Alternative Dispute Resolution?
A. Implication
B. Negotiation
C. Mediation
D. Arbitration

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16. What is the name given to offences punishable only by fines or by short terms of
imprisonment normally one year or less?
A. Felony
B. Capital offence
C. Battery
D. Misdemeanour
17. Who among the following DOES NOT constitute to the vulnerable groups in the society
A. Police
B. Persons With Disability
C. Children
D. Women
18. Which among the following is NOT a demerit of experimental research?
A. It can be expensive
B. It has to be conducted properly
C. It requires a lot of time
D. It can be positive
19. Which among the following is NOT an aim of punishment by a Court of law?
A. Deterrence
B. Inspection
C. Retribution
D. Rehabilitation
20. Which of the following CANNOT be attached as Bond to the accused?
A. Title Deeds
B. Log books
C. Mobile phones
D. Pay slips

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 SECTION B (40 MARKS)

Answer all the questions in this section on the answer booklet provided.

21. Define the following terms; (3 marks)

I. Bail - the temporary release of an accused person awaiting trial, sometimes
on condition that a sum of money is lodged to guarantee their appearance in
court
II. Bond - An undertaking, with or without sureties or security, entered into by
an accused person in custody under which he or she binds him or herself to
comply with the conditions of the undertaking and if in default of such
compliance to pay the amount of bail or other sum fixed in the bond
III. Surety - An individual who undertakes an obligation to pay a sum of money
or to perform some duty or promise for another in the event that person fails
to act; for example issuance of bond for the accused
22. List FIVE things to consider in the assessment of Pretrial Detention reforms. (5 marks)
I. The current prison capacity – if the current pretrial detention cells have the
capacity to efficiently hold the current and future number of detainees
II. The current prison facilities – are there enough facilities to run prison
capacities including but not limited to; sanitary towels, food, clothing and
medicine
III. The current legal framework and applicable law- what are the current laws
applicable to prison detention, how effect are they and are there gaps to be
filled by the law
IV. The training and qualification of the police- do the police have mastery of the
law and the rights of the citizens including the arrested under the law?
V. The current number of police and staff – one must assess if the are enough
number of police and staff in detention cells bearing in mind the ratio of
police to number of detainees
VI. The current pretrial detention practices and procedures – the assessment
must check on the current practices and procedures in pretrial detentions
and if there are any flaws in the procedure and system

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23. State FIVE aims of law reforms in any society. (5 marks)
 To ensure laws uphold the rule of law
 To ensure adherence to the constitution of Kenya (it being the supreme law
of the land)
 To ensure consistency with international laws, norms and standards
 To ensure the is enough public participation in laws
 To ensure laws advocate and/or defend human rights
 To correct any gaps or errors in current laws
24. Highlight FIVE applicable laws in Kenya. (5 marks)
 The Constitution of Kenya 2010
 Acts of Parliament/ Statutes/ Legislations
 International Law
 African customary law (This is only applicable in so far as it is not repugnant
to justice and morality or inconsistent with any written law)
 English common law
 Precedents set by superior courts
25. State FIVE challenges facing law reforms (5 marks)
I. Lack of consultation and public participation of the relevant groups including
the vulnerable groups in the society
II. Using of foreign legal experts and heavy reliance on foreign laws; eg the
Judicature Act, the Companies Act
III. Failure of proper and detailed procedure of the new laws; lack of training for
the transition and implementation of the new laws
IV. Lack of sound assessment of existing laws; there are instances where many
statutes cover the same subject eg Indian Transfer of Property Act, Land
Registration Act, Land Act, Registration of Land Act, Government’s Land Act,
Community Land Act, Registration Titles Act etc all cover on conveyancing
before some got repealed
V. Lack of precise timelines to prevent unnecessary delays

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VI. Lack of involvement of related experts in the specialized area of law
VII. Lack of adherence, consideration and compliance with international laws,
standards and norms
26. State FIVE general features of legal empowerment (5 marks)
I. To identify justice needs of the vulnerable including the poor rather than
establishments provided for legally
II. To strengthen the roles, capacities and power of the population and civil
societies as opposed to focusing in state institutions
III. Establishing processes and organizations that may lie outside the justice
sector
IV. To develop partnerships and coordination between civil societies, NGOs and
the State
V. Draw on lessons learnt from developing countries including successful third
world countries rather than western imports

27. List FIVE types of sentences that can be awarded by the court to the accused once
pronounced guilty. (5 marks)
I. Death sentence (repealed in Kenya)
II. Imprisonment
III. Suspended sentences
IV. Fines
V. Compensation
VI. Security to keep peace
VII. Probation
VIII. Community service
28. State THREE rights of a witness in a trial process. (3 marks)
1. To be protected by the law and government
2. Not to be insulted
3. Right to their dignity
4. Not to be abused or unnecessarily ashamed
29. State FOUR actors and institutions in the Criminal Justice System of Kenya. (4 marks)

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1. Criminal Justice Delivery – the police, courts, prosecution service, detention and
prisons, lawyers, criminal defence
2. Criminal Justice Management
3. Criminal Justice Oversight
4. Lawmaking and law reform bodies
5. Legal education, police and corrections training institutions
6. Inter-agency cooperation mechanisms
7. Customary and non-state systems of justice

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 SECTION C (40 MARKS)
Answer two of the following questions in this section
30. Pretrial Detentions form a major part in the Kenyan Criminal Justice System;
a) State FOUR guiding principles of Pretrial Detention (4 marks)
I. Presumption of innocence till proven guilty
II. To be brought to court as quick as possible commendably within 24
hours
III. Right to bail and bond unless; the accused is not safe outside police
custody, can cause public harm, flight or affect the case by interfering
with witnesses
IV. Right to legal representation
b) Highlight FIVE merits of Pretrial Detention (5 marks)
I. It ensures attendance of proceedings by the accused
II. It gives the police ample time for investigation without any interference
from the accused
III. It protects the public from potential harm from the accused
IV. It may protect the accused from public harm e.g. mob justice
V. Gives the police room for evidence collection i.e. collection of statement of
the accused
c) Give SIX recommendations on detentions and prisons in Kenya (6 marks)
I. Increase of infrastructure both in; size, quality and number to curb
congestion in pretrial detention
II. Increase the number and qualification of current staff; can hire new
recruits and increase the knowledge of the law and skill of the current
staff
III. Encourage increased involvement of international and non-
governmental actors (NGOs)and civil societies
IV. Ensure proper facilitation of the prison detention cells
V. Having enough and proper laws to protect the rights of the detainees
VI. Providing for rehabilitation facilities and services for those willing
d) State FIVE demerits of Pretrial Detention (5 marks)

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 I. It may result to unfair outcome by the judge based on the appearance of
the accused from custody looking like a criminal as a result of the harsh
conditions in custody
II. It inhibits the right to liberty of the accused who has a right of
presumption of innocence till proven guilty. Alternative mechanisms are
encouraged like bail, bond etc.
III. It restricts the right of presumption of innocence till proven guilty as
envisaged in the constitution
IV. Unfair plea-bargaining is encouraged even in the event the accused is
innocent to avoid further detention
V. Harsh detention conditions sometimes harsher than prisons conditions
yet one may be innocent
VI. Discrimination against certain vulnerable groups

31. The police play their role in the Kenyan Criminal Justice System;
a) State SIX police reforms required in the Republic of Kenya (6 marks)
1. Proper training- police need proper training on various ways of law
enforcement according with the law
2. Police education on criminal laws and human rights
3. Strict and harsh penalties on corrupt policemen
4. Strict laws prohibiting corruption the police
5. Having independent bodies to conduct checks and balances on the
police bodies
6. Increase the welfare and facilitation to the police
7. Proper timelines for transformation
8. Proper laws in the country on police procedures and adherence with the
law
b) In detail; explain the police investigation once a crime has been committed in an
area (10 marks)
Subfile “A” initial report

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The complainant/victim/witness will make a report to the police station.
The report is
recorded in the occurrence book (ob) the complaint is referred to an officer
for

investigations.
Sub-file „B‟ Sketch plan and documentary exhibits
In the process of investigations exhibits are collected or produced. The
documentary
exhibits are official and personal documents and include expert evidence.
Sub-file „C‟ experts report
In the course of investigations, a number of tests and examinations are
done. The
investigation officer will fill the exhibit memo form and take the exhibit in
question for
examination.
Sub-file “D” statements of prosecution witnesses
The investigation officer will interrogate all persons with information about
the crime
being investigated. The proposed witnesses will record statements at the
police station
and they will be housed in this sub file.
Sub-file “E” charge and cautionary statement, statement under inquiry,
statement of the accused (s)
The investigation officer will interrogate the suspect on the alleged offence
any
statement made will be kept in this sub-file.
Sub-file “F” investigation diary
The investigation officer conducting investigations will interview witnesses
and

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 suspects. He will visit the crime scene, hospitals, mortuary, offices, prisons,
courts and
residences.
Sub-file “G” copy of charge sheet and related documents
Upon completion of investigations, the investigation officer will prepare the
charges in a charge sheet and place in this file.
Sub-file “H” accused’s previous records, list of exhibits list of witnesses
The fingerprint form of the accused will be placed in this sub-file. The list
of exhibits and list of witnesses
Sub-file “I” covering report
This report is by the officer in charge of investigations giving the
chronology of events
and conduct of investigations culminating to the decision to charge the
suspect and
arraign him in court with specific charges.
Sub file “J” minute sheet
The sub-file contains correspondence between police personnel with regard
to the case.
c) State FOUR things to consider before instigating police reforms (4 marks)
1. Current laws on police and how effective they are
2. Current number of police and ratio
3. Current qualification of current police task force
4. The current police structures including number of police stations
5. If the police are properly trained
6. The effectiveness of the current skills police have to resolving cases

32. The Trial process is the backbone of justice in the Republic of Kenya;
a) Explain the Trial Process (9 marks)
b) State FIVE things that constitute to a Fair Trial (5 marks)
1. It’s done within reasonable time without unnecessary delay
2. Independent and impartial hearing

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 3. The accused is presumed innocent until proven guilty
4. The hearing should be in a language the parties understand
5. The accused should be given adequate time to prepare for defence
c) Explain the Plea Taking process (5 marks)
The substance of the charge(s) shall be read to the accused person, by the
court
clerk, he shall be asked whether he admits or denies the truth of the charge.
The plea is read in a language the accused person understands. Magistrates‟
courts use English or Kiswahili languages. If the accused person cannot
understand either of the 2 languages, an interpreter is availed by the court.
If the accused person admits the charge(s) the admission shall be recorded by
the court as nearly as possible in the words used by him.
The prosecution will outline the facts surrounding the offence to the court.
The accused person is given an opportunity to admit, dispute, explain or add
any
facts. If the accused person denies the facts, a plea of not guilty is entered on
the
court record.
If the accused person does not admit the charge, a plea of not guilty shall be
entered in the court record.
d) What is Plea Bargaining (1mark)
A negotiated agreement between the prosecution and the defendant where
the defendant agrees to plead guilty to a lesser crime than that originally
charged, or to a lesser sentence than can normally be expected if the case
goes to trial

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