THE NATIONAL POLICE SERVICE

SAMPLEQUESTIONS AND ANSWERS

I. THE CONSTITUTION OF KENYA 2010

1. Define the term Constitution
(i) Is aset of agreed upon principles, rules and values which act as aguide
to social conduct of a group of people
(ii) It constitutes the basic laws, principles and structures by which a
democratic society is governed.
(iii) A body of fundamental principles or established procedure according to
which a state or other organisation is acknowledged.
2. Name TWO types of constitutions
(i) Written Constitution
(ii) Unwritten Constitution
(iii) Federal Constitution
(iv) Parliamentary Constitution
3. Discuss any FOUR importance of having a constitution
(a) Expresses the accepted conventions of a political system by prescribing
principles and basic structure upon which the system of laws of the
society is based, and is more important than any other laws in the land;
(b) Determines the organization of the state, that is, it regulates the power
of the government and the relationship between the government and
the citizens
(c) It defines and stipulates the formal structure off the government, and
the functions and power distribution among different organs of the
government such as the executive, the legislature and the judiciary
(d) It helps ensure order and stability in the society, thus providing the
standards by which a community can judge the fairness of its activities
and rules.
(e) Creates the framework within which laws are formulated
4. Name the TWO ways through which the constitution of Kenya can
be amended
(i) By Parliamentary Initiative
(ii) By Popular Initiative
5. Name the THREE arms of government as enshrined in the Kenya
Constitution
(ii) Executive
(ii) Legislature
(iii) Judiciary

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6. State the TWO levels of government as envisaged in the Kenya
Constitution
(i) The National Government
(ii) The County Government
7. MentionFIVE vulnerable groups as enriched in the constitution
(i) Children
(ii) Persons with disabilities
(iii) Youth
(iv) Minorities and marginalised groups
(v) Older members of the society
8. Mention any FOUR independent commissions
(a) The National Lands Commission
(b) The Kenya National Human Rights and Equality Commission.
(c) The Independent Electoral and Boundaries Commission
(d) The National Police Service Commission
(e) The Commission on Revenue Allocation
(f) The Salaries and Remuneration Commission
(g) The Public Service Commission
(h) The Teachers Service Commission
(i) The Parliamentary Service Commission
9. Discuss the objects and functions of the National Police Service
(Article 244)
(a) Strive for the highest standards of professionalism among its members
(b) Prevent corruption and promote and practice transparency and
accountability
(c) Train staff to the highest possible standards of competence and
integrity and to respect human rights and fundamental freedoms and
dignity
(d) Foster and promote relationships with the broader society.
10. Identify any FIVE instances that lead to the removal of the
Inspector General from the office
(i) Serious violation of this Constitution or any other law, including a
contravention of Chapter Six;
(ii) Gross misconduct whether in the performance of the office holder’s
functions or otherwise;
(iii) Physical or mental incapacity to perform the functions of office;
(iv) Incompetence;
(v) Bankruptcy; or
(vi) Any other just cause.
11. Highlight the fundamental rights /freedoms that shall NOT be
limited
(i) Freedom from torture and cruel, inhuman or degrading treatment or
punishment;
(ii) Freedom from slavery or servitude;
(iii) The right to a fair trial; and
(iv) The right to an order of habeas corpus.

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12. Fundamental rights that may be limited to persons serving in the
National Police Service
(i) Right to privacy;
(ii) Freedom of association;
(iii) Freedom of Assembly, demonstration, picketing and petition;
(iv) Labour relations;
(v) Economic and social rights; and
(vi) Rights of arrested persons.
13. State any FIVE objects of devolution as entrenched in the
constitution of Kenya
(i) To promote democratic and accountable exercise of power;
(ii) To foster national unity by recognising diversity;
(iii) To give powers of self-governance to the people and enhance the
participation of the people in the exercise of the powers of the State and
in making decisions affecting them;
(iv) To recognise the right of communities to manage their own affairs and
to further their development;
(v) To protect and promote the interests and rights of minorities and
marginalised communities;
(vi) To promote social and economic development and the provision of
proximate, easily accessible services throughout Kenya;
(vii) To ensure equitable sharing of national and local resources throughout
Kenya;
(viii) To facilitate the decentralisation of State organs, their functions and
services, from the capital of Kenya;
(ix) To enhance checks and balances and the separation of powers.
14. Discuss the rights of an arrested person as envisaged under article
49 of the Constitution 2010
(a) To be promptly informed in a language thee the person understands of;
(i) The reason for the arrest
(ii) The consequences of not remaining silent
(b) To remain silent
(c) To communicate with an advocate, and other persons whose assistance
is necessary
(d) Not to be compelled to make any confession or admission that could be
used in evidence against the person
(e) To be held separately from persons serving sentence
(f) To be brought before court as soon as reasonably possible, but not later
than –
(i) 24 hours after being arrested
(ii) If the 24 hours end outside ordinary court hours, or on a day that is
not ordinary court day, the end of the next court day.
(g) At the first court appearance, to be charged or informed of the reason
for the detention continuing or to be released;
(h) To be released on bond or bail, pending a charge or trial on reasonable
conditions, unless there are compelling reasons to the contrary.

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 (i) A person shall not be remanded for an offence if the offence is
punishable by a fine only or by imprisonment for not more than six
months.
15. Explain any FIVEmatters which must be subjected to a referendum
for the amendment of the constitution
(a) The Supremacy of the constitution
(b) The territory of Kenya
(c) The Sovereignty of the people of Kenya
(d) The National values and principles of governance
(e) The Bill of Rights
(f) The Term of Office of the President
(g) The Independence of the Judiciary
(h) The functions of Parliament
(i) The objects, principles and structure of devolved government.
II. CRIMINAL PROCEDURE CODE (CAP 75 LAWS OF
KENYA)
1. Interpret the following terms as used in Criminal Procedure Code
(a) Police officer
Means an Administration Police officer of Kenya Police Officer
(b) Police Station
Means a place designated by the Inspector General as a Police station
under section 40 of the National Police Service Act.
(c) Cognizable offence
Means any offence for which a police officer may under any law for the
time being in force arrest without a warrant.
(d) Complaint
Means any allegation that some person known or unknown has
committed or is guilty of an offence.
2. Outline the procedure to be followed during arrest (4 marks)
a) The police officer or other person making arrest shall touch and confine
the body of the person to be arrested, unless there is submission to the
custody by word or action
b) if the person resists the endeavour, the person making arrest or police
officer may use all means necessary to effect the arrest
c) no greater force than is reasonable shall be employed for the
apprehension of the offender.
3. Outline any TWO types of arrest provided for in Criminal
Procedure Code
(i) Arrest by a magistrate
(ii) Arrest with a warrant
(iii) Arrest without a warrant
(iv) Arrest by a private person

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4. Describe the procedure of a place entered by a person sought to be
arrested (section 22 CPC)
If any person acting under a warrant of arrest, or a police officer having
authority to arrest, has reasons to believe that the person to be arrested has
entered into or is within any place, the person residing in or being in charge of
that place, shall on demand allow him free entry and afford all reasonable
facilities for a search therein.

If entry to search a place cannot be obtained, it shall be lawful to such a

person acting under a warrant or a police officer, to enter such place and
search therein, and in order to effect an entrance into the place, to break open
any outer or inner door or window of any house or place. If any such place is
an apartment in the actual occupancy of a woman (not being the person to be
arrested) who, according to custom does not appear in public, such person or
police officer shall, give before entering such place, give notice to the woman
to withdraw.
5. Name TWO types of plea
i. Plea of guilty
ii. Plea of not guilty
iii. Autrefois acquit
iv. Autrefois convict
6. Mention any FOUR classes of persons a police officer may arrest
without a warrant
a) Whom he reasonable suspect of having committed a cognizable offence
e.g. theft murder etc.
b) Who commits a breach of peace in his presence.
c) Who obstructs a Police Officer while in the execution of his duty or who
has escaped or attempted to escape from lawful custody.
d) Any person in whose possession anything is found which may
reasonably suspected to be stolen property or who may reasonably be
suspected of having committed an offence with reference to such thing.
e) Any person whom he suspects upon reasonable grounds of having
committed or being a deserter from the Armed Forces or N.Y.S
f) Any person whom he finds in any highway yard or other place during
the night and suspected upon reasonable grounds of having committed
or being about to commit a felony.
g) Any person found in any street or public place during the hours of
darkness without reasonable cause of being there.
h) Any person whom he reasonably suspects of having committed any act
in any place outside the country.
i) Any person having in his possession without lawful excuse, the burden
of proving which excuse shall lie on such person, any implement of
house breaking.
j) Any person for whom he has for reasonable cause to believe a warrant
of arrest has been issued

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7. Define the following terms
(a) Bond
An agreement or promise which has a legal seal whereby a person binds
himself to do certain things.
(b) Surety
This is a pledge by another person guaranteeing that if the accused does
not appear, he will pay certain sum of money fixed by the court in the
event of the accused failing to appear.
8. Discuss FOUR types of bail
i. Pre - trial bail
ii. Bail pending appeal
iii. Bail pending appeal on plea of not guilty
iv. Anticipatory bail
v. Bail bond
9. Mention any FOUR contents of a warrant
(i) Seal of the court
(ii) Signature of the magistrate issuing it
(iii) Offence the person is charged with
(iv) Name of the accused
(v) Name of the person it is directed to
10. Identify TWO purposes of a charge
(i) State the offence, which the accused person is alleged to have
committed.
(ii) It is the process by which the accused and the magistrate are informed
of an alleged offence having been committed by the accused person.
11. Distinguish between charge and information
(i) A charge is a document laying out the statement and particulars of an
alleged offence by an accused person normally laid in a lower court
whereas:
(ii) An information is a document laying out the statement and particulars
of an alleged offence by an accused person, normally laid before the
high court.
12. Highlight theFOUR rules to be adopted in the framing of charges
and information
i. A charge shall commence with a statement of the offence.
This mean the name by which the offence is known e.g. theft contrary
to section 275 of penal code.
ii. The statement of the offence shall describe the offence shortly in
ordinary language.
iii. After the statement of the offence, particulars of such offence shall be
set out in ordinarily language in which the use of technical terms shall
not be necessary. Here the essential elements of the offence are stated.
The date, time, and circumstances in which the alleged offence was
committed must be stated.
iv. Where a charge or information contains more than one count shall not
be numbered consecutively.
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13. State any FOUR factors to consider before a magistrate grants bail
to an accused person
(i) The nature of the charge
(ii) Severity of the punishment if convicted
(iii) The antecedents of the accused
(iv) Does the accused have fixed abode
(v) How long will the accused remain in remand if bail is refused
(vi) In cases of recognizance, will accused or his surety be able to pay the
amount of bond.
(vii) Are the sureties independent or are they indemnified by accused.
(viii) Strength of the prosecution case and effects on the prosecution if bail is
refused.
(ix) Initial presumption of magistrate is to award bail rather than delay it.
(x) Possibility of the accused while in remand receiving suggestion to plead
guilty.
(xi) Has he ever defaulted on bail in the past?
14. List any THREE instances when an inquest may be conducted
An inquest may be conducted when a person:-
(i) Has committed suicide or
(ii) Has been killed by another or by accident, or
(iii) Has died under circumstances raising reasonable suspicion that some
other person has committed an offence,
(iv) Missing and believed to be dead
15. State the FOUR circumstances under which death is considered
"sudden death"
i. suicide
ii. Accident/killed by another
iii. Died under circumstances raising reasonable suspicion that some other
has committed an offence
iv. Missing or believed to be dead.
16. Enumerate any THREE classes of persons who may be joined in
one charge.
The following persons may be joined in one charge or information and may be
tried together, namely:-
i. Persons accused of the same offence committed in the course of the
same transaction.
ii. Persons accused of an offence and persons accused of abetment or an
attempt to commit such an offence.
iii. Person accused of more offences than one of the same kind (i.e.
offences punishable under the same section of the penal code or any
other written law.) committed by them jointly within a period of 12
months.
iv. Persons accused of different offences committed in the course the same
transaction.
v. Person accused of any offence under chapter XXVI to XXX, inclusive of
penal code and persons accused of receiving or retaining property,
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 possession of which is alleged to have been transferred by any such
offence committed by the first named persons or of abatement of or
attempting to commit of such last named offence.
vi. Persons accused of any offence relating to counterfeit coin and persons
accused of any other offence under chapter XXXVI relating to the same
coin or of abetment of or attempting to commit such offence.
17. Describe the procedure of trial before subordinate court in the
following circumstances
(a) Non – Appearance of the complainant
If on the hearing day the accused person appears in obedience to a
summon or is brought to court under arrest, then the complainant
having given notice of the day of hearing fails to appear, the court shall
dismiss the charge unless it thinks it is proper to be adjourned, the
accused person may be remanded in prison or be admitted to bail.
(b) Non – Appearance after adjournment
(i) If on the day of hearing after adjournment the accused does not
appear, it shall be lawful for the court, unless the accused is
charged with a felony, to proceed with the hearing as if the
accused were present.
(ii) If the complainant does not appear the court may dismiss the
charge.
(iii) If the court convicts the accused in his absence it may set aside
such conviction upon being satisfied that his absence was from,
the causes over which he had no control.
18.Describe the procedure of adjournment of a hearing as provided
for in section 205 of CPC
i. It shall be lawful for a court at its discretion to adjourn a hearing and in
the meantime either remand the accused to prison or admit him to bail.
provided that no such adjournment shall be for more than 30 clear
days or if the accused has been committed to prison, for not more than
15 clear days
ii. The court may commit the accused to a police custody:-
a) for not more than 3 days if there is no prison within five miles of the
courthouse
b) for not more than 7 clear days if there is no prison within five miles of
the court house and the court is not due to sit again within 3 days
c) at the request of the accused person for not more than 15 clear days
(Correct procedure well described = 12 marks)
19. Explain what happens on non - appearance after adjournment

i. If on the day of hearing after adjournment the accused does not appear,
it shall be lawful for the court, unless the accused is charged within a
felony, to proceed with the hearing as if the accused were present.
ii. if the complainant does not appear the court may dismiss the charge
iii. if the court convicts the accused in his absence it may set aside such
conviction upon being satisfied that his absence was from the causes
over which he had no control.
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20. Make short notes on the following areas as far as the trial process
is concerned:
(a)Variance between charge and evidence
Where at any stage before the close of the prosecution case it appears to the
court that the charge is defective, the court may order that the charge be
altered either by way of amendment or substitution or addition of a new
charge provided that :-
(i) Where a charge is altered the court shall call upon the accused to
plead to the altered charge
(ii) The accused may demand the witnesses to be recalled and give
evidence afresh
(b) Acquittals
If at the close of evidence in support of the charge and summing up by
both parties, it appears to the court that a case is not made up against the
accused sufficiently to require him to make a defence, the court shall
dismiss the case and acquit him.
(c) Adjournment
(1) It shall be lawful for a court at its discretion to adjourn a hearing and in
the meantime either remand the accused to prison or admit him to bail.
Provided that no such adjournment shall be for more than 30 clear
days, or if the accused has been committed to prison, for not more than
15clear days
(2) The court may commit the accused to police custody for not more than
3 clear days if there no prison within 5 miles of the courthouse; for not
more than 7 clear days if there is no prison within 5 miles of the
courthouse and the court is not due to sit again within 3 days and; at
the accused of the accused person for not more than 15 clear days.
(d) Withdrawal of complaint
If a complainant at any time before final order is passed, satisfies the
court that there are sufficient grounds for permitting him to withdraw
his complaint, the court may permit him to withdraw the same and
there upon acquit the accused.
21. Discuss the factors to be considered by a magistrate before
granting bail to an accused person
(i) Gravity of the offence
(ii) Possibility of the accused person absconding
(iii) Possibility of the accused interfering with witnesses
(iv) Possibility of the accused person interfering with evidence
(v) Health status of the accused person
(vi) Antecedents of the accused person
(vii) Nature of the charge
(viii) Severity of punishment if convicted

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22. Explain the procedure adopted by courts in event of death of a
surety.
Where a surety to a bond dies before the bond is forfeited, his estate shall be
discharged from all liability in respect of the bond, but the party who gave the
bond may be required to find a new surety.
23. Distinguish between a charge and information
(i) A charge is a document laying out the statement and particulars of an
alleged offence by an accused person normally laid in a lower court
whereas:
(ii) An information is a document laying out the statement and particulars of
an alleged offence by an accused person, normally laid before the high
court.
24. Discuss the rules to be adopted in framing of charges
Mode in which offences are to charge.
i. A charge shall commence with a statement of the offence.
This mean the name by which the offence is known e.g. theft contrary
to section 275 of penal code.
ii. The statement of the offence shall describe the offence shortly in
ordinary language.
iii. After the statement of the offence, particulars of such offence shall be
set out in ordinarily language in which the use of technical terms shall
not be necessary.
Here the essential elements of the offence are stated.
The date, time, and circumstances in which the alleged offence was committed
must be stated.
iv. Where a charge or information contains more than one count shall not
be numbered consecutively.
25. You are the constable in charge of Huduma Administration
Police Camp in Usalama Division. Independent Policing
Oversight Authority (IPOA) has organized an awareness
workshop in the Division to sensitize police officers on its
activities. You have been co – opted into the workshop as a
facilitator on Inquiry into Sudden Deaths. Prepare a description
of the procedure of reporting and inquiry into sudden death

The Officer in Charge of a police station or any other officer specially

empowered by the Minister on receiving information that a person: -
a) Has committed suicide or
b) Has been killed by another or by accident, or
c) Has died under circumstances raising reasonable suspicion that some
other person has committed an offence,
d) Missing and believed to be dead,
Shall immediately inform:
(i) The nearest magistrate empowered to hold inquests.
(ii) Proceed to the scene and hold or commence investigation
and

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 (iii) Forward the body to a Medical Officer for a post-mortem
examination.
(iv) In case of (a), (b) or (c) above forward the report to the
nearest magistrate empowered to hold inquests.
(v) In case of (d) forward the report to the attorney general
through the inspector general.

III. PENAL CODE (CAP 63 LAWS OF KENYA)

1. Interpret the following terms as used under Penal Code (Cap 63
Laws of Kenya)
(a) Court - Is a court of competent jurisdiction
(b) Oath - Includes affirmation or declaration
(c) "Public place" or "Public premises"
includes any public way and any building, place or conveyance to which, for
the time being, the public are entitled or permitted to have access either
without any condition or upon condition of making any payment, and any
building or place which is for the time being used for any public or religious
meetings or assembly or as an open court;
(d) "Property" includes any description of movable or immovable property,
money, debts and legacies, and all deeds and instruments relating to or
evidencing the title or right to any property, or giving a right to recover or
receive any money or goods, and also includes not only such property as has
been originally in the possession or under the control of any person, but also
any property into or for which the same has been converted or exchanged,
and anything acquired by such conversion or exchange, whether immediately
or otherwise;
(e) "Public" refers, not only to all persons within Kenya, but also to the persons
inhabiting or using any particular place, or any number of such persons, and
also to such indeterminate persons as may happen to be affected by the
conduct in respect to which such expression is used;
(f) “Electronic record” means a record generated in digital form by an
information system which can be transmitted within an information system
or from one information system to another, and stored in an information
system or other medium;
(g) "Felony" means an offence which is declared by law to be a felony or, if not
declared to be a misdemeanour, is punishable, without proof of previous
conviction, with death, or with imprisonment for three years or more;
(h) "Grievous harm" means any harm which amounts to a maim or dangerous
harm, or seriously or permanently injures health, or which is likely so to
injure health, or which extends to permanent disfigurement, or to any
permanent or serious injury to any external or internal organ, membrane or
sense;
(i) "Harm" means any bodily hurt, disease or disorder whether permanent or
temporary;
(j) "Judicial proceeding" includes any proceeding had or taken in or before
any court, tribunal, commission of inquiry or person in which evidence may
be taken on oath;
(k) "Knowingly" used in connexion with any term denoting uttering or using,
implies knowledge of the character of the thing uttered or used;

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 (l) "Maim" means the destruction or permanent disabling of any external or
internal organ, member or sense;
(m) "Misdemeanour" means any offence which is not a felony;
(n) "Money" includes bank notes, currency notes, bank drafts, cheques and any
other orders, warrants or requests for the payment of money;

2. State any TWO differences between criminal law and civil law
CRIMINAL LAW CIVIL LAW

1. Wrong against community 1. Wrong affecting individual generally.

2. Object of proceedings is punishment. 2. Object of proceedings is

compensation or restitution of
property.

3. Proceedings by and for the state e.g. 3. Proceedings by and for the injured
police cases party e.g. civil debts.

4. Proceedings withdrawn by the 4.Generaly the plaintiff may withdraw

consent of the court. proceedings at any time

5. Trial in criminal courts. 5. Trial in civil, subordinate, and some

in High

3. Highlight any FOUR fraudulent intentions in the offence of stealing

A person is said to deal with anything fraudulently (dishonestly) if he does so with
any of the following intents:

a) An intent to permanently deprive the general owner of the thing of it, e.g.
‘A’ takes ‘B’s pen and goes with it for good, not intending to return it.
b) Intent to use the thing as a pledge or security.
c) Intent to part with it on a condition as to its return which the person taking
or converting it may be unable to perform.
d) Intent to deal with the thing in a manner that it cannot be returned in the
condition it was at the time of taking or conversion.
4. State the FOUR principal offenders
Principal offenders are those persons who may be charged with actually committing the
offence as the law considers them to be equally responsible for the resulting crime. They
are divided into four groups: -

(a) Every person who actually does the act or makes the omission which constitute the
offence;
(b) Every person who does or omits to do any act for the purpose of enabling or aiding
another person to commit the offence; e.g. by driving robbers to the scene of crime,
or by lending a gun to someone knowing that he will use it to shoot another person,
or a house servant leaving the door of his master unlocked to make it easy for thieves
to enter.
(c) Every person who aids or abets another person in committing the offence; (giving
assistance to another in order that he may commit a crime) i.e. keeping watch outside
a building while the other commits burglary.

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(d) Every person who counsels or procures any other person to commit the offence;
i.e. a person who gives advice, or procures, or arranges for others to commit a crime
but is not actually present when it is committed e.g. a cashier advising a gang of
robbers as to where the keys to the safe in the place where she works is kept; the gang
goes to the place finds the keys, opens the safe and steal all the money.
NB: - All these four groups of persons are criminally responsible and parties to the
offence committed although some acted directly or indirectly.

5. Outline the FOUR points to prove malice aforethought in the

offence of murder
A person would be deemed to kill another with malice aforethought if he or she does
so during peace time with any of the following: -

(i) Intent to cause death or grievous bodily harm to any person whether that
person is the person actually killed or not.
(ii) Having the knowledge that the act or omission is likely to cause death or
grievous bodily harm to any person whether that person is the person
actually killed or not.
(iii) Intent to commit a felony.
(iv) Intent to facilitate the flight or escape of any person who has
committed or attempted to commit a felony.
6. Differentiate between unlawful assembly and riot
When three or more persons assemble with intent to
i) commit an offence, or,
ii) being assembled with intent to carry out some common purpose, or
iii) conduct themselves in such a manner as to cause persons in the neighbourhood
to fear that the persons so assembled will cause a breach of the peace, or will by
such assembly provoke other persons to commit a breach of the peace, they are an
unlawful assembly.
When unlawful assembly has began to execute the purpose for which it assembled, by a
breach of the peace and to the terror of the public, the assembly is called a RIOT, and the
persons assembled are said to be riotously assembled.
7. Outline any FOUR defences that may be given by an accused person
facing a charge of assault
(i) Consent to surgical operation: - this may be implied where the doctor acted in
order to save life but not any other criminal charges
(ii) Lawful correction
Parents are entitled to inflict moderate physical chastisement on their
children but it is unlawful if it is administered for the gratification of
passion or rage.
(iii) Self-defence or effecting lawful arrest
Reasonable force may be used in self-defence or in effecting a lawful arrest
(iv) Lawful sport
The use of greater and unreasonable force may result in the conviction for a
charge of assault.
8. Distinguish between Robbery and Robbery with violence
SIMPLE ROBBERY

(a) If a person,

 Steals anything (capable of being stolen)

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  And, at, or immediately before, or immediately after the time of stealing it
 Uses or threatens to use actual violence to any person or property,
 In order to obtain or retain that property or to prevent or overcome resistance to
it being stolen or retained.
Punishment - imprisonment for 14 years section 296 (1)

ROBBERY WITH VIOLENCE - Section 296(2)

This is exactly the same with simple robbery but in addition there must be one or
more of the following ingredients:-

(i) Personal violence is used on the victim e.g.(strikes, beats, wounds or uses any
other personal violence ).
(ii) Offender or offenders must be armed with dangerous or offensive weapons e.g.
rungu, simi, knives, pangas, firearms etc.
(iii) Offenders are a gang of two or more persons.
Punishment – Death sentence

9. Using relevant examples, explain the FOUR categories of

constructive breakings
Constructive breaking –This falls under four categories:
i) THREATS: This is where an offender uses threats in order to gain entrance into
a building.
ii) ARTIFICE: Artifice means trick. Here the offender lures the occupier of a
building to believe that the offender ought to be allowed into the building.

iii) COLLUSION: This is an agreement between an inmate of a building and the

offender.
iv) APERTURE: - An aperture is an opening in a building. In this context, the
aperture is not intended to be ordinarily used as a means of entrance. So if a
person entered through such an opening, he will be deemed to have broken into
the building.
10. Differentiate between the offences of burglary and house breaking
House Breaking

Any person who:-

(a) breaks and enters any building, tent or vessel used as a human dwelling with
intent to commit a felony therein during daytime, or
(b) having entered any building, tent or vessel used as a human dwelling with intent
to commit a felony therein, or having committed a felony in any such building,
tent or vessel, breaks out thereof,
Is guilty of the felony termed house breaking and is liable to imprisonment for
seven (7) years.

Burglary

Any person who:-

i) breaks and enters any building, tent or vessel used as human dwelling with
intent to commit a felony therein during night time, or

ii) having entered any building, tent or vessel used as a human dwelling with intent
to commit a felony therein, or having committed a felony in any such building,
tent or vessel, breaks out thereof,
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 Is guilty of the felony termed burglary and is liable to imprisonment for ten (10)
years.
11. Highlight the instances when a person shall be deemed to have
committed the offence of handling stolen goods
A person handles stolen goods if (otherwise than in the course of stealing) knowing or
having reason to believe them to be stolen goods if he: -

(i) Dishonestly receives the goods

(ii) Dishonestly undertakes, or assists in their; -
(iii)Retention
(iv) Removal
(v) Disposal, or
(vi) Realization by or for the benefit of another person or, if he so arranges to do so.
12. Explain the circumstances under which guilty knowledge of
handling stolen goods by a person may be inferred
Knowledge of handling of stolen goods may be inferred from surrounding
circumstances such as: -

(i) Purchase of goods under value.

(ii) Denial of possession of goods
(iii)The fact that there is no receipt for the goods.
(iv) The fact that the goods are hidden in some way.
(v) The fact that the goods are brought to the receiver by night or outside business
hours.
(vi) The goods found not being normally stocked by the purchaser or in his line of
business.
(vii) No entries regarding the goods in his business book
(viii) Proof that the receiver had been informed prior to the goods being found with him,
of their having been the subject of an offence.

IV. EVIDENCE ACT (CAP 80 LAWS OF KENYA)

1. Interpret the following terms as used in Evidence Act:
i. Evidence
Denotes the means by which an alleged matter of fact, the truth of which is
submitted to investigation, is proved or disproved, and without prejudice to
the foregoing generality, includes statements by accused persons, admission
and observation by the court in its judicial capacity
ii. Advocate
Has the meaning ascribed to that expression in the Advocacy Act 2003 and
includes any person entitled, to act as an advocate, whilst so acting in
connection with the duties of his office
iii. Fact
Includes anything, state of things or relation of things capable of being
perceived by the senses; and any mental condition of which any person is
conscious.

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2. Give the FOUR distinctions between admissibility and relevancy

Admissibility
Is not based on logic but strict rules of the
law
Declares whether certain type of relevant
evidence are admissible or excluded
Means and mode for admissibility of
relevant evidence
Facts which are admissible are relevant
Relevancy
Based on logic and probability
Relevancy declares what is relevant
Relevance means where evidence is
admissible
Facts which are relevant are not
necessarily admissible.

3. Briefly explain the term "Res Gestae"

Things done, the events which happened, all the facts constituting, accompanying or
explaining a fact in issue.
4. Outline the FOUR instances when a custom qualifies to be recognized by
court
i. Ancient
ii. continuous and uniform
iii. reasonable
iv. certain
v. compulsory and not optional
vi. peaceable
vii. not immoral
viii. it may be general or special
5. State any FOUR matters judicially noticed
i. All written laws, and all laws, rules and principles, written or unwritten,
having force of law, whether in force or having such force as aforesaid before,
at or after the commencement of this act, in any part of Kenya
ii. The general course of proceedings and privileges of parliament, but not the
transactions in their journals
iii. articles of war of armed forces
iv. Public seal of Kenya; seals of courts of Kenya and all seals which any person is
authorized by written law to use.
v. The existence. title and national flag of every state and sovereign recognized
by the government
vi. Natural and artificial divisions of time, and geographical divisions of theworld
vii. Ordinary course of nature
viii. Meaning of English words
6. Give TWO types of documents as used in Evidence Act
i. Public Documents
ii. Private Documents
7. State any TWO documents that qualify the definition of "Secondary
Evidence"
i. Certified copies given under the provisions contained in the Act
ii. Copies made from the original by a mechanical process which in themselves
ensure the accuracy of the copy and copies compared with such copies.
iii. Copies made from or compared with such copies

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 iv. Counterparts of documents as against the parties who did not execute them
v. Oral accounts of the contents of a document given by some person who has
seen it.
8. Define the following terms:-
i. Admissions
Admission is a statement oral or documentary which suggest an inference
(conclusion) as to a fact in issue or relevant fact.
A statement or document which suggests an inference to a fact in issue or
relevant fact
ii. Confessions
This includes an acknowledgement of the individual's involvement in the
commission of all the elements of the crime
9. Mention any TWO classes of persons authorized to take confessions
i. Judge/Magistrate
ii. An administrative officer with 1st and 2nd class magisterial powers
iii. Police officer (of or above the rank of CI)
10. Outline any FOUR values to be observed when giving evidence in court
i. Accuracy
ii. Truth
iii. Courtesy
iv. Perseverance
v. Competence
vi. Confidence
11. State any FOUR types of evidence
i. Real Evidence
ii. Circumstantial Evidence
iii. Documentary Evidence
iv. Corroborative Evidence
v. Hearsay Evidence
vi. Oral/Direct Evidence
12. Highlight the TWO effects of evidence
i. It determines what facts are admissible in evidence and those inadmissible
ii. It determines what facts are relevant and those that are irrelevant.
13. Discuss competency of the following persons:
i. Dumb Witness
A witness who is unable to speak may give his evidence in any other manner
in which he can make it intelligible e.g.
(a) by writing
(b) by signs
Such writing or signs must be done in open court. The evidence so given shall
be deemed to be oral evidence.
ii. Husband and Wife
The general rule is that the husband or wife of the defendant is competent for
the defence but not for the prosecution except in the following cases:-
(a) Competent but not compellable
(a) Offences under the sexual offences
(b) In cases of rape, indecent assault, incest, bigamy etc
(c) Offences contrary to theft when proceedings are brought by the
other spouse
(b) Competent and Compellable
(a) When charged with causing personal injury to the other
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 (b) Forcible abduction and marriage
14. Explain the meaning of "Direct Evidence" as provided for under section
63 of the evidence Act
i. if it refers to a fact which could be seen, it must be evidence of a witness who
says he saw it;
ii. if it refers to a fact which could be heard, it must be the evidence of a witness
who says he heard it
iii. if it refers to a fact which could be perceived by any other sense or in any
other manner, it must be the evidence of a witness who says he perceived it by
that sense or in that manner;
iv. if it refers to an opinion or to the grounds on which that opinion is held, it
must be the evidence of the person who holds that opinion on those grounds.
15. Discuss any THREE facts declared to be relevant
i. Facts forming part of the same transaction
ii. facts causing or are caused by other facts
iii. motive, preparation and previous or subsequent conduct
iv. facts necessary to explain or introduce relevant fact
v. facts inconsistent with or affecting probability of other facts
vi. facts affecting existence of rights or custom
vii. facts showing a state of mind or feeling
16. Explain the term "Presumption of Death" (SEC. 118A) (8 marks)
Where it is proved that a person has not been heard of for seven years by those who
might be expected to have heard of him if he were alive there shall be a rebuttable
presumption that he is dead.
17. Discuss corroboration required of the evidence of children in criminal
cases
Corroboration is defined as an additional evidence tending to connect the accused
with the commission of the offence. Corroboration is required in evidence in two
instances:-
i. As a matter of law, that is in unsworn evidence of the child and sexual
offences e.g. rape.
ii. As a matter of practice, that is in sworn evidence of the child, retracted
confession, dying declaration

An accused person shall not be liable to be convicted on such evidence unless it is

corroborated by other material evidence in support thereof implicating him.

18. Discuss the THREE types of examination before a court of law

i. Examination in chief
Normally done by the court prosecutor when leading the witness in giving out
his oral evidence and production of evidence mainly in criminal cases.
ii. Cross Examination
Normally done by the defence (accused or his advocate). They cross examine
the witness on his evidence in a way trying to discredit his evidence.
iii. Re - Examination
Normally done by the court prosecutor or the magistrate if there is a point or
information which may have been raised during cross examination by the
defence which requires clarification from the witness.
19. Discuss the following as far as manner of giving evidence is concerned:-
i. Dress
If in Uniform, the uniform must be cleaned and well pressed. Your boots must
be well shined. If in civilian, it must be a suit and a tie. Neat and well pressed
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 clothes creates an impression of a confident police officer ready to execute his
lawful duties.
ii. Punctuality
Observe time, be on time. Lateness is not tolerated in court. An officer who
dashes to court and straight to the witness box is bound to be nervous and
makes mistakes in his evidence. It also creates a bad impression in the eyes of
the public.
20. Explain the FOUR circumstances under which hearsay evidence is
admissible
Hearsay evidence is admissible in the following circumstances:-
When the person who made it is:
i. dead;
ii. cannot be found
iii. has become incapable of giving evidence
iv. whose attendance cannot be procured without an amount of delay or expense,
which in the circumstances of the case appears unreasonable.

ESTABLISHMENT LAWS
I. NATIONAL POLICE SERVICE ACT 2011
1. Interpret the following terms as used in the National Police Service
Act 2011
(a)Police Officer
Means administration police officer or Kenya police officer and includes officers of
Criminal Investigations and reservists
(b) Gazetted Officer
Means a police officer holding the rank of Inspector of police and above
(c) Administration Police Service
Means the service established under article 243(2) of the constitution.
(d) Inspector General
Means the Inspector General appointed in accordance with article 245 of
the constitution and this Act.
(e) Police Station
Means a place designated by the Inspector General as a police station
under section 40.
(f) Community Policing
Means the approach to policing that recognize voluntary participation of the
local community in the maintenance of peace and which recognizes that the
police need to be responsive to the communities and their needs, its key element
being joint problem identification and problem solving, while respecting the
different responsibilities the police and the public have in the field of crime
prevention and maintaining order.
2. Enumerate the functions of the Administration Police service as
stipulated in the NPS Act 2011
(a) Maintenance of law and order
(b) Apprehension of offenders
(c) Assisting the members of the public when in need

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 (d) Border patrol and security
(e) Peace building and conflict management
(f) Assisting other government agencies in performing the lawful duties
(g) Detection and prevention of crime
(h) Any other roles as may be assigned by the Inspector General
3. Outline any FOUR offences against discipline under the eighth
schedule of the National Police Service Act
(a) Unlawfully strike, or use or threaten violence against any police officer or any
other person;
(b) use any obscene, abusive or insulting language in any form to any police
officer;
(c) uses threatening or insubordinate or disrespectful language, word, act or
demeanour to a police officer senior to him in rank;
(d) cause a disturbance in any police premises;
(e) be guilty of drunkenness while on duty;
(f) drink intoxicating liquor or psychotropic substances or drugs, or smoke in
uniform when actively engaged on duty in a public place ;
(g) wilfully disobey any lawful command or order;
(h) absent himself without leave;
(i) be found sleeping while on duty;
(j) leave his post or place of duty before he/she is regularly relieved, except in
fresh pursuit of an offender who it is his/her duty to apprehend;
(k) while under arrest or in detention, leave or escape from such arrest or
detention before he/she is set at liberty by proper authority;
(l) neglect or refuse to assist in the apprehension of any police officer charged
with any offence, when lawfully ordered so to do;
(m) resist any lawful arrest;
(n) negligently allow any prisoner, who is committed to his charge, or whom it is
his/her duty to guard, to escape;
(o) discharge any weapon without orders or without reasonable lawful cause
(p) without reasonable cause, fail to attend at any parade, instruction class or
court or any other duty which he is required to attend;
(q) sell, pawn, lose by neglect, make away with or wilfully or negligently damage,
or fail to report any loss or damage to, any arm, ammunition, accoutrement,
uniform or other article of personal issue or any vehicle or other property
committed to his charge belonging to the Government or for which the
Government is responsible; or
(r) be in improper possession of any public or private property; or
(s) commit any act of plunder or wanton destruction of any property;
(t) be negligent in the performance of his duty;
(u) appear on duty untidy or dirty in his/her person, arms, clothing or
equipment;
(v) make or sign any false statement in any document or official record;
(w)without proper authority, disclose or conveys any information concerning
any investigation or other police matter ;
(x) malinger, or feign any disease or infirmity;
(y) knowingly and willingly transmit any venereal disease or HIV/AIDS;
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 (z) without proper authority demands or exacts from any person any carriage,
porterage or provisions;
(aa) commit an act which amounts to corruption by under of any law in force in
Kenya;
(bb) make any false statements upon joining the Service; or
(cc) refuse or neglect to make or send any report or return which it is his duty to
make or send; or
(dd) knowingly make any false accusation or complaint or statement against any
police officer or other person, affecting the character of such person, or
wilfully suppress any material fact; or
(ee) Without lawful excuse break out of police barracks, quarters, lines or camp;
or
(ff) Make or sign any false statement in any document or official record; or
(gg) Act or behave in a manner that constitute cowardice under the standing
orders; or
(hh) act or behave in a manner that constitute cowardice under the Standing
Orders; or
(ii) wilfully disobey, whether in hospital or elsewhere, any order and so cause or
aggravate any disease or infirmity; or delay its cure; or
(jj) knowingly make a false statement affecting the character of such police
officer or other person or wilfully suppress any material fact; or
(kk) be engaged in any other gainful employment or office without the authority
of the Commission;
(ll) block or interfere with any police communication; or
(mm) commit an act which amounts to hate speech under section 13 and 62 of
the National Cohesion and Integration Commission Act
4. Discuss any FIVE general powers police officers are bestowed
with under the National Police Service Act (20marks)
(i) Power to compel attendance of witnesses at police station
(ii) Power to require bond for attendance of court
(iii) Power to take photographs, fingerprints and forensic evidence
(iv) Power for stoppage and detention
(v) Power to enter premises and stop vehicles without a warrant
(vi) Power to arrest without a warrant
(vii) Power to search without warrant in special circumstances
(viii) Power to use firearms
(ix) Power to apply for summons
(x) Power to erect barrier.
5. Explain the FIVE purposes to be achieved as to the use of
firearm by police officers as provided for in section 61B (1)
National Police Service Act 2011.
(i) Saving or protecting the life of the officer or other person; and
(ii) In self-defence or in defence of other person against imminent
threat of life or serious injury.
(iii) Protection of life and property through justifiable use of force;
(iv) Preventing a person charged with a felony from escaping lawful
custody; and
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 (v) Preventing a person who attempts to rescue or rescues a person
charged with a felony fromescaping lawful custody.
6. The new ranking structure of the NPS as set out in the 1st
Schedule of the National Police Service Act 2011 and the
National Police Service (Amendment) Act, 2014
(i) Inspector General
(ii) Deputy inspector General
(iii) Senior Assistant inspector General
(iv) Assistant Inspector General
(v) Senior Superintendent
(vi) Superintendent
(vii) Assistant Superintendent
(viii) Chief Inspector
(ix) Inspector
(x) Senior Sergeant
(xi) Sergeant
(xii) Corporal
(xiii) Police constable
II. THE NATIONAL POLICE SERVICE COMMISSION ACT 2011
1. List THREE kinds of regulations that were granted by the
national police service commission in line with its mandate
under section 10 of NPSC Act 2011.
(a) National Police Service Commission Discipline Regulations 2015
(b) National police service Commission Transfers and deployment
regulations 2015
(c) National Police Service Commission Promotions Regulations 2015
2. Outline the composition of the committee of inquiry of indiscipline
matters(ORP) as provided for under the disciplinary regulations
2015.

(a) A presiding officer, being an officer who is appointed as a presiding officer

by the immediate commanding officer of the respective Service, and shall
be of a rank not below the rank of Inspector and not of or below the rank
of the accused officer;

(b) An assistant presiding officer appointed by the immediate commanding

officer of the respective Service, as provided in the Service Standing
Orders; and
(c) An officer appointed by the immediate commanding officer of the
respective Service to observe the proceedings, who shall not be of a rank
lower than the accused officer.
There shall be, during the hearings of the Subordinate Disciplinary
Committee, an officer prosecuting the offence being an officer authorized
to inquire into offences against discipline and shall be of a rank higher
than the accused officer but not of a rank higher than the presiding officer.

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3. Discuss the conduct of disciplinary proceedings as outlined in the
National police Service Commission (Discipline) Regulations, 2015.
(1) Disciplinary proceedings shall be conducted in accordance with these
Regulations the Service Standing Orders and any guidelines issued by the
Commission from time to time.
(2) Where an offence against discipline is committed by an officer, the officer's
supervisor may take a corrective action, where applicable, pending the
commencement of disciplinary process.
(3) The accused officer shall be notified of the offence accused of having
committed and shall be accorded an opportunity of at least three calendar
days within which to show cause why disciplinary action should not be
taken against him or her.
(4) Where a disciplinary hearing is scheduled, an officer accused of a
disciplinary offence shall be given at least seven calendar days' notice
before the date of the hearing.
(5) The notice under paragraph (4) may, in exceptional circumstances, be
waived and the hearing held in accordance with the Service Standing
Orders. (6) Where paragraph (5) is invoked, the presiding officer shall
record the reasons for such waiver in writing.
(6) Where applicable or relevant, the officer who is the subject of the hearing
may call witnesses or other evidence on his or her behalf, at the officer's
own cost.
(7) The disciplinary hearings before the Disciplinary Committees shall be
conducted expeditiously and without undue delay or technicalities and any
delay in the disposal of the proceedings beyond twenty-eight days shall be
reported to the Commission together with the reasons for such delay.
(8) The recommendations of the Disciplinary Committee shall be forwarded to
the Commission for confirmation and approval and the Commission shall
subsequently communicate the disciplinary action to be taken on the
officer through the Inspector-General.
(9) The recommendations of the Subordinate Disciplinary Committee shall be
forwarded to the Inspector-General or authorized officer as prescribed in
the Service Standing Orders, for confirmation and approval and the
Inspector-General or authorized officer shall subsequently communicate
or implement, where applicable, the disciplinary action to be taken on the
officer, taking into consideration the provisions of regulation 10.
Disciplinary hearings where the accused is absent.
12. (1) Where an officer fails to attend a disciplinary hearing despite evidence
of notification of the date, venue and time of the hearing the disciplinary
hearing may proceed in the absence of the accused officer and the presiding
officer shall record the reasons for the accused officer's absence.
(2) The appropriate disciplinary committee may upon conclusion of the
hearing issue a determination of the disciplinary action to be taken in writing,
and the disciplinary action taken shall be recorded immediately in accordance
with these Regulations.

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 III. THE INDEPENDENT POLICING OVERSIGHT
AUTHORITY ACT 2011
1. Outline the objectives of Independent Policing Oversight Authority
as provided for under section 5 of the Act
The objectives of the Authority shall be to—
(a) Hold the Police accountable to the public in the performance of
theirfunctions;
(b) Give effect to the provision of Article 244 of the Constitution that the
Police shall strive for professionalism and discipline and shall promote
and practice transparency and accountability; and
(c) Ensure independent oversight of the handling of complaints by theService.
2. Explain the functions of IPOA
(i) investigate any complaints related to disciplinary or criminal
offencescommitted by any member of the Service, whether on its own
motionor on receipt of a complaint, and make recommendations to
therelevant authorities, including recommendations for
prosecution,compensation, internal disciplinary action or any other
appropriaterelief, and shall make public the response received to
theserecommendations;
(ii) receive and investigate complaints by members of the Service;
(iii) monitor and investigate policing operations affecting members of
thepublic;
(iv) monitor, review and audit investigations and actions taken by
theInternal Affairs Unit of the Service in response to complaints
againstthe Police and keep a record of all such complaints regardless
ofwhere they have been first reported and what action has beentaken;
(v) conduct inspections of Police premises, including detention
facilitiesunder the control of the Service;
(vi) co-operate with other institutions on issues of Police
oversight,including other State organs in relation to services offered by
them;
(vii) review the patterns of Police misconduct and the functioning of
theinternal disciplinary process;
(viii) present any information it deems appropriate to an inquestconducted
by a court of law;
(ix) take all reasonable steps to facilitate access to the Authority’sservices
for the public;
(x) subject to the Constitution and the laws related to freedom
ofinformation, publish findings of its investigations, monitoring,
reviewsand audits as it sees fit, including by means of the electronic
orprinted media;
(xi) make recommendations to the Service or any State organ;
(xii) report on all its functions under this Act or any written law; and
(xiii) perform such other functions as may be necessary for promoting
theobjectives for which the Authority is established.

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3. Outline the powers of the Authority as provided for under section 7
of the Act
(a) to investigate the Service on its own motion or on receipt ofcomplaints
from members of the public, and for that purpose, togather any
information it considers necessary by such lawful meansas it may deem
appropriate, including by—
(i) requisition of reports, records, documents or any
informationfrom any source, including from the Police,
irrespective ofwhether that source is located within or outside
Kenya andirrespective of whether any other person or body,
other than acourt of law, has already instituted or completed a
similarinvestigation or similar proceedings;
(ii) entering upon any establishment or premises, including
Policepremises, on the strength of a warrant, and subject to
anyrelevant law, where the premises are a private home
ordwelling;
(iii) seizing and removing any object or thing from any
premises,including Police premises, which may be related to
the matterunder investigation, and in respect of which a receipt
shall begiven to the owner or person apparently in control of
the objector thing;
(iv) interviewing and taking statements under oath or
affirmationfrom any person, group or members of
organizations orinstitutions and, at its discretion, to conduct
such interviews inprivate;
(v) summoning any person to meet with its staff, or to attend anyof
its sessions or hearings, and to compel the attendance ofany
person who fails to respond to its summons;
(vi) administering oaths or affirmations before taking evidence
orstatements where necessary;
(vii) summoning any serving or retired Police officer to
appearbefore it and to produce any document, thing or
informationthat may be considered relevant to the function of
theAuthority;
(viii) ensuring that where necessary, the identities of
complainantsor witnesses are not disclosed to their detriment;
(ix) recommending to the Director of Public Prosecutions
theprosecution of any person for any offence;
(x) investigating any death or serious injury occurring orsuspected
of having occurred as a result of police action.
(b) to take over on-going internal investigations into misconduct or failure to
comply with any law if such investigations are inordinately delayed or
manifestly unreasonable;
(c) where appropriate, to provide relevant information to enable a victim of
unlawful police conduct, to institute and conduct civil proceedings for
compensation in respect of injuries, damages and loss of income;
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 (d) require the Director of Public Prosecutions to provide it with his response
to any recommendation made by the Authority to prosecute any person or
body;
(e) require the Service to within a specified, reasonable time, provide it with
information on issues relating to policy, its implementation and its
effectiveness, and its response to any recommendation made to it by the
Authority;
(f) subject to the approval of a complainant, and only if it is not a serious
complaint, reconcile or mediate on any matter within its mandate; and
(g) exercise any other power provided for in this Act or any other lawwhich is
necessary for the effective performance of its functions.
4. Explain the powers of the Authority in relation to death in police
custody
(1) The Authority shall investigate any death or serious injury including deathor
serious injury while in Police custody, which are the result of Police action or
were caused by members of the Service while on duty.
(2) The Police shall upon a death or serious injury as contemplated in subsection
(1) take all necessary steps to secure evidence which may be relevant for the
investigation, including pictorial and written evidence, and shall in writing
notify the Authority, and supply it with the evidence and all other facts
relevant to the matter, including, if available, the names and contact details
of all persons who may be able to assist the Authority should it decide to
conduct an investigation.
(3) A Police officer who contravenes subsection (2) commits an offence.
5. Outline the offences provided for under this Act
(a) disobeying a summons by the Authority;
(b) failing to produce any document, papers or thing on the order of the
Authority;
(c) refusing to be examined before or to answer questions relating to an
inquiry put to him by the Authority;
(d) failing to comply with any lawful order or direction of the Authority;
(e) presenting to the Authority a false document or makes a false statement
with the intent to deceive or mislead the investigating officers;
(f) deliberately submitting false information;
(g) wilfully obstructing or hindering a person acting in the performance of
functions or exercise of powers conferred by this Act;
(h) failing to co-operate with the Authority on issues of Police oversight;
(i) in any way interfering with the functioning or operations of the Authority,
whether unduly or unlawfully; or
(j) contravening any provision of this Act for which no specific penalty is
provided,

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 I. THE CHILDREN ACT 2001
1. Explain any FIVE rights of a child as stipulated in the Children’s
Act
(a) Non discrimination
(b) Right to parental care
(c) Right to education
(d) Right to religious education
(e) Right to health care
(f) Protection from child labour and armed conflict
(g) Right to name and nationality
(h) Protection from abuse
(i) Protection from harmful cultural rites
(j) Protection from sexual exploitation
(k) Protection from drugs
(l) Right to leisure and recreation
(m) Protection from torture and deprivation of liberty
(n) Right to privacy
2. Illustrate any FIVE instances when a child is said to be in need of
care and protection
(a) Who has no parent or guardian, or has been abandoned by his parent or
guardian, or is destitute; or
(b) Who is found begging or receiving alms; or
(c) Who has no parent or the parent has been imprisoned; or
(d) Whose parents or guardian find difficulty in parenting; or
(e) Whose parent or guardian does not, or is unable or unfit to exercise
proper care and guardianship; or
(f) Who is truant or is falling into bad associations; or
(g) Who is prevented from receiving education; or
(h) who, being a female, is subjected or is likely to be subjected to female
circumcision or early marriage or to customs and practices prejudicial to
the child’s life, education and health; or
(i) Who is being kept in any premises which, in the opinion of a medical
officer, are overcrowded, unsanitary or dangerous; or
(j) Who is exposed to domestic violence; or
(k) Who is pregnant; or
(l) Who is terminally ill, or whose parent is terminally ill; or
(m) Who is disabled and is being unlawfully confined or ill-treated; or
(n) Who has been sexually abused or is likely to be exposed to sexual abuse
and exploitation including prostitution and pornography; or
(o) Who is engaged in any work likely to harm his health, education, mental
or moral development; or
(p) Who is displaced as a consequence of war, civil disturbances or
natural disasters; or
(q) Who is exposed to any circumstances likely to interfere with his physical,
mental and social development; or

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 (r) if any of the offences mentioned in the Third Schedule to this Act has
been committed against him or if he is a member of the same household
as a child against whom any such offence has been committed, or is a
member of the same household as a person who has been convicted of
such an offence against a child; or
(s) Who is engaged in the use of, or trafficking of drugs or any other
substance that may be declared harmful by the Minister responsible for
Health.
3. State FOUR persons allowed to sit in a children’s court
(a) members and officers of the court;
(b) Parties to the case before the court, their advocates and witnesses and other
persons directly concerned in the case;
(c) Parents or guardians of any child brought before the court;
(d) Bona fide registered representatives of newspapers or news agencies;
(e) Such other persons as the court may specially authorised to be present
4. List the TWO harmful cultural practices which a child may be exposed
to according to the Children’s Act 2001
a) Female Genital mutilation
b) Early marriage

II. ALCOHOLIC DRINKS CONTROL ACT

2010
1. Interpret the following terms as used under the Alcoholic Drinks
Control Act
i. Manufacture
Means the processing of an alcoholic drink and includes the packaging,
labelling, distribution or importation of an alcoholic drink for sale in Kenya
ii. Relevant Agency
Means the National Campaign against Drug Abuse Authority or its successor in
law as the public body or department responsible for matters relating to
alcoholic drinks
2. Explain any FOUR offences provided for under the Alcoholic
Drinks Control Act
i. encouraging consumption
ii. promotion at underage events
iii. sale of adulterated alcoholic drinks
iv. disorderly conduct
v. selling alcohol in sachets
vi. selling of alcohol through vending machines
vii. failing to display required signs
viii. supply to young persons
ix. access by persons under the age of eighteen years
x. drunken behaviour

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 3. Identify the objects and purposes of the Alcoholic Drinks Control
Act
The object and purpose of this Act is to provide for the control of the production,
sale, and use of alcoholic drinks, in order to—
(a) protect the health of the individual in the light of the dangers of excessive
consumption of alcoholic drinks;
(b) protect the consumers of alcoholic drinks from misleading or deceptive
inducements and inform them of the risks of excessive consumption of
alcoholic drinks;
(c) protect the health of persons under the age of eighteen years by preventing
their access to alcoholic drinks;
(d) inform and educate the public on the harmful health, economic and social
consequences of the consumption of alcoholic drinks;
(e) adopt and implement effective measures to eliminate illicit trade in alcohol
including smuggling, illicit manufacturing and counterfeiting;
(f) promote and provide for treatment and rehabilitation programmes for
those addicted or dependent on alcoholic drinks; and
(g) promote research and dissemination of information on the effects of
alcoholic drink consumption, in particular the health risks that may result
from taking alcohol
4. Explain the functions of NACADA as provided for under the Act
(a) Keep statistics on the level of alcoholic drinks consumption and related
deaths and carry out research, documentation and dissemination of all
relevant information on alcoholic drinks;
(b) Promote national treatment and rehabilitation programmes;
(c) Advise the Minister on the national policy to be adopted with regard to the
production, manufacture, sale, and consumption of alcoholic drinks;
(d) Advise the Minister generally on the exercise of his powers and the
performance of his functions under this Act, and in particular to—
(i) Recommend to the Minister the permissible levels of the constituents of
alcoholic drinks required to be prescribed under section 68(2)(a);
(ii) Advise the Minister on the harmful constituents and ingredients of
alcoholic drinks required to be prohibited under section 68(2)(b);
(iii) Advise the Minister on the test methods to be used in determining
alcoholic drinks in order to test conformity with the requirements of
this Act and any regulations made thereunder;
(iv) Advise the Minister on the information that manufacturers shall
provide, including information on product composition, ingredients,
hazardous properties and brand elements required to be provided
under section 68(2)(c);
(v) Advise the Minister on the packaging, sale and distribution ofalcoholic
drinks;
(e) Recommend to the Minister and to participate in the formulation of the
regulations to be made under section 68;
(f) Carry out such other roles necessary for the implementation of the objects and
purpose of this Act and perform such other functions as may, from time to time,
be assigned by the Minister.
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 III. PUBLIC OFFICERS ETHICS ACT 2003
1. Section 9(1) of the Public Officer's Ethics Act 2003 provides that a
public officer shall carry out duties with strict regards to
professionalism. Explain any five such ways.
i. carry out his duties in a way that maintains public confidence in the
integrity of his office
ii. treat the public and his fellow public officers with courtesy and respect
iii. to the extent appropriate to his office seek to improve the standards of
some level of professionalism in his organisation
iv. if a member of a professional body, observe the ethical professional
requirements of that body
v. observe official working hours and not be absent without proper
authorisation or reasonable cause
vi. maintain an appropriate standard of dress and personal hygiene
vii. discharge any professional responsibility in a professional manner
2. State the TWO types of code of conduct and ethics under Public Officers
Ethics Act 2003
i. Specific code of conduct and ethics
ii. General code of conduct and ethics
3. Name THREE items to be declared by a public officer under Public
Officers’ Ethics Act 2003
i. Assets
ii. Liabilities
iii. Income
IV. ANTI CORRUPTION AND ECONOMIC
CRIMES ACT
1. Explain the meaning of the term “corruption” as stipulated
under the Anti-corruption and Economic Crimes Act 2003.
a. An offence under any of the provisions of sections 39 to 44, 46 and 47;
b. bribery;
c. fraud;
d. embezzlement or misappropriation of public funds;
e. abuse of office; breach of trust; or
f. an offence involving dishonesty
g. in connection with any tax, rate or impost levied under any Act; or
h. under any written law relating to the elections of persons to public
office;
2. State any THREE offences under Anti-Corruption and Economic Crimes
Act
a. Bribery involving agents
b. Secret inducement for advice
c. Deceiving principal
d. Conflict of interest
e. Improper benefits to trustees for appointment
f. Bid rigging

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 g. Protection of public property and revenue
h. Abuse of office
i. Dealing with suspect property
V. SEXUAL OFFENCES ACT 2006
1. Define these terms under sexual offences Act
a. Vulnerable person
Means a child, elderly person, person with disability, mentally
disturbed person.
b. Complainant
Refers to the Republic of Kenya or the victim of a sexual offence
2. State any TWO punishments for the offence of defilement in the Sexual
offences Act 2006
a. A child of eleven years or less - imprisonment for life
b. A child between 12years to 15years - imprisonment not less than 20
years
c. A child 16yrs to 18 years - imprisonment not less than 15 years
3. Highlight the defence to the offence of defilement
A person accused of defilement can defend him/her by showing that:
a. The child made him/her believe that he/she was above 18 years at the
time
b. The accused person reasonably believed that the child was above 18
years.
c. The accused person must also show the court what steps he/she took to
find out the age of the child before having sex with that child.
4. Explain what is meant by Incest by male and the punishment for
the same as provided for under section 20 of the Sexual Offences
Act (6marks)
It is an offence if any male person commits an indecent act or an act which
causes penetration with a female person who is to his knowledge his daughter,
granddaughter, sister, half-sister, adoptive sister, mother, niece, aunt and
grandmother.
Punishment:
Imprisonment for a term not less than 10yrs
If female person is below 18yrs the accused will be imprisoned for life
5. Highlight the exceptions to the defence to the offence of defilement
There shall be no defense to the offence of defilement:
a. Where the accused person is related to the child within prohibited degree
of blood or affinity
b. Where a child is accused of defiling another child, the accused child shall
not be punished under this Act but under the Children’s Act and the
Borstal Institutions Act and shall be sent to an institution for children and
not to prison.

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 VI. PREVENTION OF ORGANIZED CRIMES
ACT
1. Define the term ''benefit'' under Prevention of Organized Crimes
Act.
Means money, valuable consideration, office or employment;

2. State any FOUR organised criminal activities as stipulated in Prevention

of Organized Crimes Act.
a. is a member or professes to be a member of an organised criminal
b. group;
c. knowingly advises, causes, encourages or recruits another person to
d. become a member of an organised criminal group;
e. acts in concert with other persons in the commission of a serious
f. offence for the purpose of obtaining material or financial benefit or for
g. any other purpose;
h. being a member of an organised criminal group, knowingly directs or
i. instructs any person to commit a serious crime;
j. threatens to commit or facilitate the commission of any act of violence
k. with the assistance of an organised criminal group;
l. threatens any person with retaliation in any manner in response to any
m. act or alleged act of violence in connection with organised
criminalactivity;
n. being a member of an organised criminal group with intent to extort or
gain anything from any person, kidnaps or attempts to kidnap any
person, threatens any person with injury or detriment of any kind;
o. provides, receives or invites another to provide or receive instructions
or training, for the purposes of or in connection with organized
criminal activity;
p. possesses an article for a purpose connected with the commission
preparation or instigation of serious crime involving an organised
criminal group;
q. possesses, collects, makes or transmits a document or records likely to
be useful to a person committing or preparing to commit a serious
crime involving an organised criminal group;
r. provides, receives, or invites another to provide property and intends
that the property should be used for the purposes of an organised
criminal group;
s. uses, causes or permits any other person to use property belonging to
an organised criminal group for the purposes of the activities of an
organised criminal group; knowingly enters into an arrangement
whereby the retention or control by or on behalf of another person of
criminal group funds is facilitated;
t. being a member of an organized criminal group endangers the life of
any person or causes serious damage to the property of any person;

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 u. Organises, attends or addresses a meeting for the purpose of
encouraging support of an organised criminal group or furthering its
activities.
VII. FIREARMS ACT (CAP 114 LAWS OF
KENYA)
1. List the categories of persons exempted from holding a firearms
certificate
a. Police officers
b. Shooting team
c. Race starters
d. Slaughterhouse managers
e. Licenced Auctioneers
f. Firearms dealers
2. Interpret the following terms as used in Firearms Act:
i) Firearms Certificate – means a firearm certificate granted under
section 5 of the Act
ii) Firearms Dealer – Means a person who by trade of business, sells,
transfers, repairs, tests or proves firearms and ammunition.
iii) Licensing Officer – Means Chief Licensing Officer and every licensing
officer appointed under section 3 of the Act.
3. Outline the composition of the Firearms Licensing Board
a. Two representatives from the National Police Service, one of whom
shall be from the Directorate of Criminal Investigations
b. One representative from the office of the Attorney General.
c. One representative from a private members group of lawfully registered
gun owners.
d. One representative from the Kenya Wildlife Service
e. One representative from the National Intelligence Service
f. One representative from the National Focal Point.
4. Outline any THREE functions of the Firearms Licensing Board
(a) Certify suitability of applicants and periodically assess proficiency of
firearm holders
(b) Issue, cancel, terminate or vary any license or permit issued under this Act.
(c) Register civilian firearms holders, dealers and manufacturers under this
Act.
(d) Register, supervise and control all shooting ranges that are registered
under this Act.
(e) Establish, maintain and monitor a centralized record management system.
5. Highlight the meaning of “Specified firearm”
Means any of the following firearms:
(i) AK 47
(ii) G3
(iii) MP 5

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6. Outline any TWO circumstances when a firearms certificate may be
revoked by the licensing officer
(a) The licensing officer is satisfied that the holder is prohibited by or under
this Act from possessing a firearm to which the certificate relates, or is of
intemperate habits or unsound mind or is otherwise unfit to be entrusted
with a firearm.
(b) The holder fails to comply with a notice under sub section (5) requiring
him to deliver up a firearm certificate.

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