1. ANSWER QUESTION 1 AND ANY OTHER THREE
2. BE PRECISE AND CLEAR IN YOUR ANSWER

1. (a) Outline and distinguish the various mental attitudes one may have under our law,
as provided in statutes and judicial interpretation, with respect to any given actus reus.
(20 marks)
(b) Distinguish clearly between burglary and housebreaking, as offences. (5 marks)

2. The law does not hold one accountable for acts over which he does not exercise
conscious control even though they involve his physical exertions.” (S.9, Penal
Code Cap. 63 Laws of Kenya) What do you understand by this statement? Consider
its limitations, extensions and distinctions if any. (15 marks)

3. Briefly outline the criminal law relating to murder, manslaughter, and infanticide.
Discuss any defence/s available to each (15 marks)

4 “…. It is common knowledge that a man who has an unlawful and malicious intent against
another and, in attempting to carry out, injures a third person, is guilty of what the law deems
malice against the person injured because the offender is doing an unlawful act, and has that
which the judges call general malice and that is enough…….”

As per Lord Coleridge C.J. in R.V. Latimer (1886) 17 Q.B.D. 359.
Explain in relation to Kenyan Law. (15 marks)

5. “Throughout out the web of English criminal Law one golden thread is always to be seen, that
it is the duty of the prosecution to prove the prisoner’s guilt….”
Explain, in relation to Kenyan Law, if applicable. (15 marks)

6. Outline and explain the defences of intoxication, insanity and provocation. (15 marks)