UNIVERSITY EXAMINATIONS: 2022/2023

CAT 1-DUE DATE: 20TH OCTOBER, 2023

CRIMINAL LAW
INSTRUCTIONS: ANSWER ALL QUESTIONS

QUESTION ONE (20 MARKS) Compulsory

Recently, we have had a lot of reported cases of police brutality more so, in their
handling of the opposition which has been leading protests against the recently
enacted Finance Bill 2023. The Opposition leader has invited you to speak to its’
membership on the fundamental human rights and freedoms of arrested and convicted
persons.

Required

List and explain briefly these rights/freedoms for the arrested and convicted persons
as espoused under the Constitution of Kenya, 2010.

QUESTION TWO (15 MARKS)

The Office of the Director of Public Prosecution is mandated to drive charging of

criminal cases in Kenya, according to a recent Court ruling.

Required
a) Highlight other functions of the Office of the DPP (4 Marks)
b) List and explain at least two areas of reforms required in the Office of the
DPP. (2 Marks)
c) Article 159 of the Constitution of Kenya 2010 encourages settling of disputes
through Alternative Dispute Resolution mechanisms.
Discuss briefly at least three methods of alternative dispute resolution
making sure to highlight the key characteristics of each. (9 Marks)

QUESTION THREE (15 MARKS)

Plea taking is a very critical part in the criminal trial process.

Required

a) Describe briefly the plea taking process (5 Marks)

b) List and explain briefly the various forms of pleas that one can take when
formally charged in court (10 Marks)

QUESTION FOUR (15 MARKS)

a) Distinguish between bail and bond (4 Marks)

b) List and briefly explain at least 5 instances where a magistrate would deny one
bail/bond (5 Marks)

Distinguish between a refractory and a hostile witness and highlight the response
from the court on how to deal with either (6 Marks)