UNIVERSITY EXAMINATIONS: 2023/2024

CAT 1-DUE DATE: 5TH MARCH, 2024

CRIMINAL LAW
INSTRUCTIONS: ANSWER ALL QUESTIONS

QUESTION ONE

a. A court may convict a person for a different offence other than that charged for.
Explain the circumstances when this can happen (3 Marks)

b. Explain the key decision and rationale in Walter Mararo V R (4Marks)

c. List and explain three circumstances that a court would allow that it goes in
camera. (3 Marks)

d. Explain the implications of the decisions in Patrick Kathurima v R Court of

Appeal at Nyeri Criminal Appeal No. 131 of 2014; Samuel Warue Karimi v R
Court of Appeal at Nyeri Criminal AppealNo.16of2014) (5 Marks)

e. List and explain briefly the conditions that have to be there for Electronic and
digital evidence to be admissible in a court of law. (4 Marks)

QUESTION TWO

a. When sentencing, courts are guided by the Sentencing Policy Guidelines. List
and explain briefly these principles (5 Marks)

b. List and explain the general principles that guide the Bond and Bail policy
guidelines in Kenya. (6 Marks)

c. List and explin briefly the procedure to be used in a Bail hearing as precribed in
the Bond and Bail policy guidelines of Kenya (8 Marks)

QUESTION THREE

a. Discuss these general principles relating to criminal responsibilities as outlined

under the penal code:-

i. Ignorance of law .
 ii. Bona fide claim of right
iii. Intention and motive
iv. Mistake of fact
v. Presumption of sanity
vi. Insanity
vii. Intoxication
viii. Immature age
ix. Judicial officers
x. Compulsion
xi. Defence of person or property
xii. Use of force in effecting arrest
xiii. Compulsion by husband (13 Marks)

QUESTION FOUR

The Offences listed below have been defined under the penal code and the
punishment to be meted out outlined.

Required

Define the Offence and punishment meted under the penal code in Kenya.

a) Subversive activities

b) Definition of unlawful assembly and riot

c) Punishment of unlawful assembly

d) Punishment of riot .

e) Proclamation for rioters to disperse

f) Dispersal of rioters after proclamation

g) Rioting after proclamation

h) Preventing or obstructing proclamation

i) demolishing buildings, etc.

j) Rioters injuring buildings, machinery, etc.

k) Riotously interfering with railway, vehicle or vessel

l) Going armed in public

m) Possession of firearms, etc

n) Forcible entry

o) Forcible detainer

p) Affray

q) Challenge to duel

r) Offensive conduct conducive to breaches of the peace

s) Threatening breach of the peace or violence

t) Incitement to violence and disobedience of the law

u) Assemblying for smuggling

v) Wrongfully inducing a boycott (21 marks)

QUESTION FIVE

List and briefly explain the Offences listed under Division IV of the penal code i.e.
Offences against the person ..Section 202 to Section 215 of the Penal Code.(13
marks)