criminal summary - KENYA SCHOOL OF LAW(2012/2013 CRIMINAL...

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KENYA SCHOOL OF LAW (2012/2013) CRIMINAL LITIGATION COURSE OUTLINE Course Instructors: Mr. Simiyu Murambi Mr. Justice Benjamin Kubo Mr. Abdi Hassan FIRST SEMESTER 1. INTRODUCTION • Criminal Litigation Content • Overview of Criminal Law principles 2.JURISDICTION AND STRUCTURE OF COURTS • Magistrates’ courts and tribunals; • High Court; • Court of Appeal; • Supreme Court; • International Criminal Court. 3. ARRESTS • Arrest without warrant. • Arrest with warrant. 4. IDENTIFICATION PARADES • What are identification parades? • Conduct of the ID parades; • Production of ID parade evidence. 5. PREPARATION OF FILES FOR TRIAL • Contents of the Police/Prosecution file; • Contents of the Advocates file; • Contents of the Court file. 6. COMPLAINT AND CHARGE Methods and Rules of framing charges • Defects in drafting charges: Duplicity &Lack of Ingredients; • Capital charges; • Alternative charges; • Conspiracy; • Attempts; • Joinder of persons; • Joinder of counts; • Amendment of charges; • Motion to quash( application to dismiss) 7. PLEAS • Introduction: The Nature of a plea. • Equivocal and unequivocal plea • Plea agreements • Change of plea Autrefois acquit Autrefois convict • Pardon 8. BAIL ANDBOND
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(a) Bail - Police bond; - Anticipatory bail; - Bail pending or during trial; - Bail pending appeal. (b) Sureties and Discharge of sureties; (c) Forfeitures/Noncompliance with bail terms; (d) Recognizance. PROCESS OF BAIL/ BOND • Securities; Mayende Page 4 • Verification process; • Sureties and Discharge of sureties; • Forfeitures/Noncompliance with bail terms. 9. PRE-TRIAL CONFERENCING • Meeting accused person before arraignment; • Advocate-prosecution communication; • Recording of witness statements; • Application for witness statement; • Pre-Trial Management. SECOND SEMESTER 10. TRIAL PROCESS AND MATTERS ARISING a) The trial process • Right to a fair hearing; • Opening statement/address; • Examination of witnesses (ordinary or special witnesses, e.g. minors, expert witnesses, refractory or hostile witnesses); • Production of exhibits; • Trial within a trial; • Close of prosecution case; • Submissions (no case to answer, case to answer); • Ruling; • Defence (as the case may be); • Final submissions. b) Pre & Post-Sentencing Proceedings • Judgment; • Victim impact assessment; • Mitigation or aggravation; • Sentencing process; • Right of appeal. c) Lunacy or other incapacity of accused person • Procedure in case of lunacy or other incapacity of an accused person. Mayende Page 5 d) Other processes • Transfer of cases; • Termination of charges; Amicus curiae ; • Watching brief. THIRD SEMESTER 11. HIGH COURT • High Court Criminal Jurisdiction;
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• Mode of Trial; • Revision.
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