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    Criminal Litigation (1) (1)

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    2 views4 pages

    Criminal Litigation

    Uploaded by

    Benjamin Ruoti

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 4
    [instructions to Candidates: OF @ ® © @ @ ‘COUNCIL OF LEGAL EDUCATION. EXAMINATION FOR ADMISSION ‘TO THE ROLL OF ADVOCATES. ATP 101: CRIMINAL LITIGATION TUESDAY 25" JULY, 2018. DURATION: 3 HOURS. ‘Ths paper contains FOUR (@) printed pages including the cover page, with a total of Six questions. Candidates MUST answer FIVE questions. ji (Question ONE is compulsory and carries 20 marks. All other questions carry 10 marks each. ‘Answers MUST be supported by relevant case law and statutory provisions where required. PLEASE TURN OVER ‘QUESTION ONE “The contours of the right to bal under Article 49(4)(h) of the Constution are now becoming familar and clear as courts are confronted more and nore withthe subject” (Gikonyo, Jn v= Kokonya Muhsin (2013) KLR) Citing relevant authorities, discuss this passage on the emerging jurisprudence on bail fand bond in Kenya. (20 marks) ‘QUESTION TWO. John Napesa and Jean Msoto operate a joint busines under the name and syle of Jo Jean Enterprises. On 4/4/2017, they approached Sukari Co. Ltd tev on suppying Sugar from Murias Sugar Co. Lid. "They had with them two tender documents from ‘Marias Sugar Co. L1a which they showed officals of Sukart Ltd when they vsked them at their offices at Industrial Area, Naiobi. Officials of Sukari Ltd, on the strenath of the documents placed an order for 8,000 bags of sugar. They also advanced Jo-Jean Enterprises haf of the purchase price being Kshs.800,000/-. John and Jean failed to supply the sugar. They declined callson their phones which eventually went off. They went underground, ‘The matter was reported to Industral rea Police Station. The lavestigators led by Chie inspector Hatari revealed thatthe documents presented by John and sean were forgeries. John and Jean are eventualy arrested at Namanga.on 8/7/17 and the police lan to araign them in court on the 10/7/2017 to answer to charges of forgery contrary to Section 349 of the Penal Code, uttering a false document contrary (0 Section 353 of the Penal Code, and obtaining money by false pretenses contrary €0 Section 313 ofthe Penal Code Required: (a) Prepare the charge sheet. (10 marks) ‘QUESTION THREE. “A conviction or acquittal does net mark the end of one tral end an Appeal against conviction or acquittal the beginning of another tral. An appeal a continuation of the Same tral in-a higher court, different stage of the same tial Tor the purposes of correction of errors, if any, and ensuring that there is no miscarriage of justice.” This isthe decision of the Court of Appeal sitting in Mombasa in Repuoc-v- Danson [MBunye [2016} ErKLR (Nakandia &., OuKo W. and Mint K, JA). Discuss this statement with respect to the right of the prosecution to appeal against facquitals both in the subordinate courts and the High Court (10 marks) age ot ‘QUESTION FOUR ‘Donte, a foregner from Laguna Republic was employed as an expatriate in Bonjour Cava Company Limited, Donte managed to learn all trade secrets of the company including managing tax fssues, ‘The Directors of Une company decided to downsize following the hard economic times inthe national election period. Donte agreed to a send-off package ‘of USD 4 milion and retumed to Loguna Republi. {A few months later Donte wrote an email to the company demanding more money from the company. Donte threatened to expose company trade secrets fhe was not paid what be demanded, The Directors agreed to pay him USD 200,000. Soon after, he demanded ‘more money and the company was reluctant to pay. He wrote an ema othe managing Director claiming that he would expose the company secrets if he was not paid USD 1 Inilton. He would call the Director every thee (3} hours and send texts and emails every ou for two (2) months. In one of the textshe claimed that he had joined a very active {error group and that unless he was paid he would teach them a lesson. One motning as the Director was leaving the house he sawa black car parked next ta hisgate and the car tralled him to his office. ‘A few weeks ago Donte sent a photo showing exposives and threatened tokill the Director ‘te fenot pal, The Directors reported tothe police who advised ther to ask Donte to Come collect the money at their offices. The Directors pad forthe air ckets or Doe's flight. On arrival at the alfpot he was arrested and he wil be charged with tbe offence ‘of threatening to kill contrary to Section 223(1) of the Penal Code an demanding money by Menaces contrary to Section 302 ofthe Penal Code, Yu have been retained by Bonjour Cava Company to advise and represent it inthis criminal case. {a} Advise the Directorson your role as their advocate inthe criminal tral. (8 marks) (b) Assuming Donte is convicted and sentenced to 1-year imprisonment, advise your Client on the subsequent procedure, (marks) (QUESTION FIVE An officer at Kabs Police Station was alarmed by the high rte of acqutals of accused persons on ground tat the Identification Parades have not been conducted propery yet the witnesses are able to testify properly In Court and identity the suspen court. ‘You have been selected as @ top Criminal Litigation expert to ad a team to train and sensitize the police on how fo Conduct good investigations. Prepare a legal brief highlighting the current procedure and propose areas for reform, (10 marks) QUESTION Six ‘Mlevi Mbaya vas out drinking within Mjni Town. He had too mach and passed out. & police patrol car pleked him from a trench. When he regained himself, he Tound hima {iva dar, cold and fithy room, He was to lear later that he had been locked Up at Natopent Police Station. The oficer manning the repair office joked that Mev had been booked in for murder. Mle! suddenly changed and began talking strangely. The officer called Sergeant Matata since Mlevi was apparently saying he had a corvession to make Page sofa He narrated to Sergeant Matata how he had killed his wife and buried her ina shallow grave dug in the kitchen of his house. Sergeant Matataobtalned a search warrant and roceeded with fellow officers and lev! to Kwandege vilage. They retrieved ‘decomposing body ofa female adult under the table inthe Kitchen. report had earlier been made of a missing person 2 months prior by Mlev DNA samples rom his wife's other were matched with the body retrieved confirming that It was that of Bhatt ‘Maye, Mews wie Sergeant Matata has calle in Chief Inspector Hatarl to record the confession by Mei (a) You ae the prosecution counsel assigned to asi inthe investigations. Advise Inspector Hatarion how to take the confession, (6 marks) (b) Mev is then charged with the murder of Bahatl, He denied the offence, and

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