UNIVERSITY EXAMINATIONS: 2017/2018
EXAMINATION FOR THE DEGREE OF BACHELOR OF SCIENCE IN
APPLIED COMPUTING
BAC2318 CRIMINAL LAW
FULL TIME/PARTTIME
DATE: APRIL 2018 TIME: 2 HOURS
INSTRUCTIONS: Answer Question One & ANY OTHER TWO questions.
QUESTION ONE
a) Blameless inadvatence is usually associated with crimes of strict liability. In this regard
the accused person might be blameless. Having this in mind
(i) Differentiate between strict and vicarious liability (6 Marks)
(ii) Highlight the arguments for and against strict liability (6 Marks)
(iii) Explain two types of offences under the doctrine of strict liability (4 Marks)
b) A society is made up of various individuals who have diverse interests. These interests
are usually protected by the law. Having this in mind; Discuss the various sources of
criminal law in Kenya (10 Marks)
c) State four rules used by the High court in interpreting statutes (4 Marks)
QUESTION TWO
a) Discuss the cardinal maxim in criminal liability namely Actus non facit reum and Nisi
mens sit rea (10 Marks)
b) In principle the above maxim has to be proven in order for a person to be found guilty of
any offence. Having this in mind highlight the elements of Actus reus and Mens rea in
the offence of Stealing. ( Stealing is defined as the taking of one’s property without
cosent and which taking must be permanent) (10 Marks)
QUESTION THREE
a) The consequence of criminal liability is punishment.
(i) Define the term punishment (2 Marks)
(ii) State and explain the various forms of punishment in Kenya (10 Marks)
(iii) Highlight the main justification of punishment (8 Marks)
QUESTION FOUR
When an accused person has been charged for committing a crime, incapacitating conditions
could allow a person to go free without a punishment or awarded a lesser punishment than one
which was to be given.
In light of the above statement;
(i) Highlight the incapacitating conditions of criminal liability. (10 Marks)
(ii) Discuss the various justification or excuses of criminal liability. (10 Marks)
QUESTION FIVE
Using case law, discuss the history and principles under the principle of legality (Nullum
Crimen Sine Lege) (20 Marks)
