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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