1. Question ONE IS COMPULSORY
2. Answer any other TWO questions
1. John lives in a flat with many residential units within Rafiki Area around Kabarak
University. On the night of 28th/29th October 2010, John while sleeping in his house is
awakened by a commotion in Steve house next door. The John hears Steve’s voice shout
“I am dying. Zadock why have you done this to me.” Everything goes silent until the
following morning when John wakes up to the news that Steve died the previous night
and the cause of death was manual strangulation. In the neighbourhood that morning,
tension was high and residents were overheard talking in low tones about the state of
insecurity in the area. John particularly hears a gentleman by the name Richard inform
one of the residents that Steve was last seen drinking at Rafiki Changaa Club in the
company of a gentleman known as Zadock Likhondo. Richard further states that it was
rumoured that Zadock and Steve were embroiled in a love triangle for a long time and he
(Richard) suspects that it is the love triangle that is the foundation of Steve’s death. John
is a witness for the prosecution in the subsequent trial of a suspect by the name
Zadock Likhondo Mwaura. Discuss the admissibility of each of the above statements
of fact that John intends to tell the court. Unnecessary verbosity is not permissible.
30 marks)
2. State and explain four exceptions to the Hearsay Evidence Rule remembering always to
cite relevant case law to support your argument. (20 marks)
3. Write short explanatory notes on the following:
a. Circumstantial evidence (5 marks)
b. Fact in issue (5 marks)
c. Relevant fact (5 marks)
d. Res gestae. (5 marks)
4. With reference to applicable case law explain the law on admissibility of illegally
obtained in Kenya (20 marks)
5. “in criminal proceedings the fact that the accused person has committed or been
convicted of or charged with any offence other than that with which he is then charged or
is of bad character is inadmissible” . With reference to the relevant case law, discuss the
exception to this rule of evidence. (20 marks)
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