KENYATTA UNIVERSITY Ref.: KU/ACAD/SOP/8.

5-3

SCHOOL OF LAW
QUALITY MANAGEMENT SYSTEM Ver.: 1.0

Title: Course Outline Date: 6th October 2021

1. TITLE OF THE COURSE:

Unit Code : LPR 200
Unit Title : Criminal Procedure
Contact Hours : 45
Academic Year : 2021/2022
Semester : One
Class Hours : Mondays 8.00am - 11.00pm
Hall No. : U1
Hours of Consultation : Friday 12.00pm – 3.30pm
Lecturer : Dr. Ratemo Tom Junior

2. PURPOSE OF THE COURSE:

The purpose of the course is to provide students with an opportunity to study the procedural aspects of
the conduct of a criminal trial and to exposes students to the investigative and adjudicative conduct of criminal
law.

3. EXPECTED LEARNING OUTCOMES:

At the end of the course, students are expected to be in a position to:
a) describe the procedure of the conduct of a criminal trial;
b) examine the institutions, the procedure and the decision-making processes which comprise the
criminal justice system, including the police, the prosecution and the Court processes;
c) analyze the justification for honoring human rights in the context of criminal procedure;
d) apply the criminal procedure process to real life situations, and
e) evaluate the application of the Bill of Rights in relation to the criminal procedure.

4. COURSE CONTENT:
CLASS LEARNING
SCHEDULE CONTENTS ACTIVITIES
Week 1 Introduction to the course: Interactive discussion
 Outline of the course contents
 Expectations of the lecturer and the students
 Goals
 Policy issues

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Week 2  Introduction and background to Kenya’s criminal Lecture with follow up
procedure discussion.
 Overview of the criminal justice system
 The structure and various jurisdictional parameters of
criminal courts in Kenya
 Role of the Director of Public Prosecutions and the Police
in criminal prosecution
Week 3 Arrest Lecture with follow up
 Introduction discussion
 Definition of the term ‘arrest’ Student presentation

 Rights of an arrested person

 Legal provisions relating to arrest
 Persons with power to arrest
 Kinds of arrest
 Conclusions
Week 4 Identification parade Lecture with follow up
 Introduction discussion
 Concept and meaning of the term “identification parade” Student presentation

 Purpose of conducting identification parades

 When to hold identification parades
 Exceptions to identification parades
 Factors influencing the identification parade
 Procedure under the force standing orders
 Conclusions
Week 5 Continuous Assessment Test
Week 6 Complaint and Charge Lecture with follow up
 Introduction discussion
 Concept and meaning of the term ‘complaint’ and Student presentation
‘charge’
 Purpose of institution of criminal proceedings
 Procedure on complaint and charge
 Occurrence book
 Charge sheet
 Duplicity of charges
 Capital charges
 Alternative charges
 Joinder of counts in a charge/information
 Joinder of persons
 Amendment of charges/information

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  Quashing of information
 Conclusions
Week 7 Preparation of Case Files for Trial Lecture with follow up
 Introduction discussion.
 Contents of a police file Student presentations

 Contents of the advocate’s file

 Contents of Court file
 Conclusions

Week 8 Pleas Lecture with follow up

 Introduction discussion.
 Concept and meaning of the term ‘plea’ Student presentations

 Types of pleas
 Recording of pleas
 Procedure in recording a ‘plea of guilty’
 Procedure on the plea of ‘not guilty’
 Refusal to take a plea
 Pleas of ‘autrefois acquit’ and ‘autrefois convict’
 Change of plea
 Plea bargaining
 Conclusions

Week 9 Bail and Bond Lecture with follow up

 Introduction discussion.
 Definition of basic terms Student presentations

 Classification of bail
 The legal framework on bail and bond
 Process in which the Court may grant bail
 Factors to be considered before bail is granted
 Discharge of sureties
 Conclusions

Week 10 The Trial Process Lecture with follow up

 Introduction discussion.
 Principles governing a fair trial Student presentations

 Appearance of parties
 Right to begin
 Adjournments
 Case for the prosecution

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  Mode of taking and recording evidence
 Close of prosecution case
 Case for the defence
 Competence and compulsion of witnesses
 Swearing and affirmation
 Examination of witnesses
 Difficult witnesses
 Penalty for non-attendance of witness
 Special witnesses
 Trial of children
 Transfer of cases
 Termination of charges
 Watching brief and holding brief
 Conclusions
Week 11 Judgment and Sentencing Lecture with follow up
 Introduction discussion
 Definition of the terms ‘judgment’ and ‘sentencing’ Student presentation

 Delivery of judgment
 Contents of judgment
 Mitigating circumstances
 Principles of sentencing
 The sentencing process
 Types of sentences
 Conclusions
Week 12 Appeals and Revisions Lecture with follow up
 Introduction discussion
 Right of appeal Student presentations

 Grounds for appeal

 Appeals from Subordinate Courts
 Appeals from the High Court
 Conclusions
Week 13 Special Proceedings Lecture with follow up
 Introduction discussion
 Private prosecution Student presentations

 Habeaus corpus
 Inquests
 Extradition and rendition
Week 14 Emerging issues around Kenya’s criminal procedure Guest speaker

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 Week 15 Revision and submission of tutorials.

5. MODE OF DELIVERY:
Lectures, tutorials, individual and group discussions and presentations, library assignments, seminars discussions,
case studies, guest speakers, problem-based learning, e-learning, field visits, mooting, etc.

6. COURSE ASSESSMENT:
Continuous Assessment Test comprises 30% of the total marks made up as follows:
a) Written test - 20%
b) Written assignment - 5%
c) Individual/group presentations - 5%
The remaining 70% of the marks is derived from the final exam offered at the end of the semester.

7. POLICIES AND PROCEDURES:

Attendance: Students are obligated to meet the requirements on class attendance as per the University policies.
Failure to do so will automatically disqualify one from sitting the final examination.
Participation: Class participation is highly encouraged. Points are awarded for participation. The use of
electronic gadgets such as laptops, ipads and mobile phones in a manner that is not connected to class discussions
is strictly prohibited.

8. CORE READING MATERIALS FOR THE COURSE:

 Kiage P. , Essentials of Criminal Procedure in Kenya, (Nairobi: Law Africa Publishers, 2010).
 Lumumba PLO. , A Handbook on Criminal Procedure in Kenya, (Nairobi: Law Africa, 2005)
 Munyao S., Modern Law of Criminal Procedure in Kenya (South Africa: Partridge).

9. RECOMMENDED REFERENCE MATERIALS:

 Mweseli T., An Outline of Criminal Procedure in Kenya (Nairobi: Faculty of Law University of Nairobi, 1997).
 Bwonong’a, Procedures in Criminal Law in Kenya (Nairobi: East Literature Bureau, 1994).
 Brown D. , Criminal Procedure in Uganda and Kenya (London: Sweet & Maxwell, 1970)
 Andrew Ashworth, Serious Crime, Human Rights and Criminal Procedure, 3rd edn., (Sweet & Maxwell, 2002).
 Celia Hampton, Criminal Procedure, 3rd edn., (Sweet and Maxwell, 1982)
 Clarkson C. M. V. and Keating H. M., Criminal Law, 7th edn., Reuters (Legal) Limited, 2010)
 John Spark Emmins, Criminal Procedure, 8th edn., (Blackstone Press, 2000).
 Ormerod D. Smith and Hogan, Criminal Law, 13th edn., (Oxford University Press, 2011).
 John Sprack, A Practical Approach to Criminal Procedure, 10th edn., (Oxford: OUP).

10. STATUTES:
 The Administrative Police Act, Cap. 75
 The Anti-Corruption & Economic Crimes Act, 2003 (Revised edition)
 The Children Act, 2001

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  The Constitution of Kenya, 2010
 The Criminal Procedure Code, Cap. 75
 The Evidence Act, Cap. 80 Laws of Kenya
 The International Crimes Act, 2008
 The Magistrates Court Act, 2015
 The National Police Service Act, Cap.84
 The Office of the Director of Prosecutions Act, 2013
 The Penal Code, Cap. 63
 The Police Act, Cap. 84
 The Police Standing Orders
 The Witness Protections Act, Cap.79

11. CASES
 Adan v. Republic, (1973) EA 445
 Ajode v Republic, (2004) 2KLR 81
 Albanus Mwasia Mutua v. Republic, CA No 120/2004
 Charo v. Republic, (1982) KLR 308
 Clifford Derrick Otieno v. Lucy Kibaki,
 Francis Karioko Muruatetu & Another v Republic; Katiba Institute & 5 Others (Amicus Curiae) [2021] eKLR:
Petition No. 15 & 16 (Consolidated) of 2015.
 Jopley Constatine Oyieng’ v. Republic
 Joseph Kimani Gathungu v A.G & 5 Others
 Kariuki v. Republic, (1984) KLR 809
 Maleba v Republic (1982) eKLR
 Margaret Magiri Ngui v Republic
 Mutia v Republic (1958) EA 471
 Ombena v Republic (1981) KLR 450
 Paul Mwangi Murunga v Republic, CA No35/2006
 Peter Ochieng v Republic, (1982) 1KLR 83
 R. v. Ann Njogu & 5 Others, (2007) eKLR
 R. v. Benson Mwenda, CANo 22/224
 Republic v Njuguna Nyaga, (2007) eKLR
 Republic v Dalip Singh, (1943) 1EACA
 Republic v Moses kenu Ole pemba (2010) eKLR
 Republic v Muir (1938) 2 ALL EA 365
 Republic v Mwango s/o Manaa, (1936) 3 EACA 29
 Royal Mediav Telcom Kenya (2001) 1 EA 210
 Seanoi Parsimei ole sisina and Others v A.G
 Ssesanga Syephen v. Uganda ( 1969) EA 365

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 The Republic through Devji Kanji v Davendra Valji Hali (1978) KLR 178
 Uganda v. Muherwa (1972) EA 466
 Yakobo Uma and Another v Republic (1963) EA 542
 Yongo v Republic (1983) KLR 319

Note: The above list of reference is not an exhaustive but an inclusive one. The Lecturer may, as and when
necessary, come up with other relevant and up-to-date materials relating to the course.

Name : Dr. Ratemo Tom Junior

Signature :

Date : 6th October 2021

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