POLICE LAW EXAMINATION

JAN 2021

Q.1. (a) Explain what is meant by the “suicide pact” as stipulated under section 209(3) of
the penal code CAP 63 L.O.K? (8 marks)

“suicide pact” means a common agreement between two or more persons having for its object
the death of all of them, whether or not each is to take his own life, but nothing done by a person
who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is
done while he has the settled intention of dying in pursuance of the pact.

(b) What is the Criminal Responsibility to persons of immature age as defined under sec.
14 the penal code? (6 marks)
a. A person under 8years is not criminally responsible for any act or omission.
b. A person under 12years is not criminally responsible for an act or omission,
unless it is proved that at the time of doing the act or making the omission he/she
had the capacity to know that he/she ought not to do the act or make the omission.
c. A male person under the age of 12years is presumed to be incapable of having
carnal knowledge.

(c) Define the following terms as interpreted under the penal code?

i. “Bona Fide Claim of Right” (2 marks)

A person is NOT criminally responsible in respect of an offence relating to
property, if the act done or omitted to be done by him with respect to the property
was done in the exercise of an honest claim of right and without intention to
defraud.
ii. “Presumption of Sanity” (2 marks)

Every person is presumed to be of sound mind, and to have been of sound mind at
any time which comes in question, until the contrary is proved.

iii. “Judicial Officers” (2 marks)

Except as expressly provided by this Code, a judicial officer is not criminally
responsible for anything done or omitted to be done by him in the exercise of his
judicial functions, although the act done is in excess of his judicial authority or he
is bound to do the act omitted to be done.
Q.2. When is a person would be deemed to have caused the death of another person as
stipulated under sec. 213 of the penal code CAP 63 L.O.K? (20 marks)

A person would be deemed to have caused the death of another who dies within the limitation as
to the time of death in one year and one day who;

 Inflicts bodily injuries to another person who undergoes surgical or medical treatment,
which is offered in good faith and with common knowledge and skill, but still dies.
 Inflicts bodily injuries to any person who then does not undergo any surgical or medical
treatment or does not observe his mode of living and still dies.
 Hasten the death of another person (Mercy killing).
 By actual or threatened violence causes a person to do an act or omission being a means
of avoiding such violence.
 Even if the act or omission alone could not have caused the death had it not been
accompanied by act or omission of the person killed.

Q.3. Any person who of “malice aforethought” causes the death of another by unlawful act
or omission is guilty of murder as defined under sec. 203 of the penal code CAP 63 L.O.K.
Explain the four circumstances under which “malice aforethought” is deemed to be
established as stipulated under sec. 206 of the penal code. (20 marks)

A person would be deemed to kill another with malice aforethought if he or she does so during
peace time with any of the following: -

 Intent to cause death or grievous bodily harm to any person whether that person is the
person actually killed or not.
 Having the knowledge that the act or omission is likely to cause death or grievous bodily
harm to any person whether that person is the person actually killed or not.
 Intent to commit a felony.
 Intent to facilitate the flight or escape of any person who has committed or attempted to
commit a felony.
Q.4. (a) Define “unlawful assembly” as stipulated under sec. 78(1) & 78(2) of the penal
code? (8 marks)

1) When three or more persons assemble with intent to commit an offence, or, being assembled
with intent to carry out some common purpose, conduct themselves in such a manner as to cause
persons in the neighborhood reasonably to fear that the persons so assembled will commit a
breach of the peace, or will by such assembly needlessly and without any reasonable occasion
provoke other persons to commit a breach of the peace, they are an unlawful assembly.

2) It is immaterial that the original assembling was lawful if, being assembled; they conduct
themselves with a common purpose in such a manner as aforesaid.

(b) When does unlawful assembly become a “riot” as defined under sec. 78(3) of the penal
code? (2 marks)

When an unlawful assembly has begun to execute the purpose for which it assembled by a
breach of the peace and to the terror of the public, the assembly is called a riot, and the persons
assembled are said to be riotously assembled.

(c) What does “killing on provocation” entail as stipulated under sec. 207 of the penal
code? (5 marks)

The word provocation simply means: -

any wrongful act or insult likely when done to an ordinary person or in his presence to
another with whom he stands any relationship to deprive him the power of self-control and
induces him to commit an assault of the kind the person by whom an act or assault is done or
offered.
(d) When is a child deemed to be a person capable of being killed according to sec. 214 of
the penal code? (5 marks)

A child is deemed to be a person capable of being killed when: -

 It has completely proceeded into a living state from the body of its mother, whether;
 It has breathed or not, and
 Whether it has an independent circulation or not, and
  Whether the naval string is severed or not.
Q.5. (a) Explain what is meant by “Breaking into building and committing felony” as
stipulated under Section 306 of Penal Code? (10 marks)

 Any person who—

o breaks and enters a schoolhouse, shop, warehouse, store, office, counting-house,
garage, pavilion, club, factory or workshop, or any building belonging to a public
body, or any building or part of a building licensed for the sale of intoxicating
liquor, or a building which is adjacent to a dwelling-house and occupied with it
but is not part of it, or any building used as a place of worship, and commits a
felony therein; or
o Breaks out of the same having committed any felony therein, is guilty of a felony
and is liable to imprisonment for seven years.

(b) A person who takes anything capable of being stolen or converts any property is
deemed to do so fraudulently if he does so with any of the intents as explained under
Section 268(2) of Penal Code. State any five (5) such intentions in fraudulently converting
anything capable of being stolen? (10 marks)

 An intent to permanently deprive the general owner of the thing off it, e.g.
‘A’ takes ‘B’s pen and goes with it for good, not intending to return it.
 Intent to use the thing as a pledge of security.
 Intent to part with it on a condition as to its return which the person taking or
converting it may be unable to perform.

 Intent to deal with the thing in a manner that it cannot be returned in the condition it
was at time of taking or conversion.

 In the case of money, intent to use it at the will of the person who takes or converts it
although he may intend afterwards to repay the amount to the owner.

Q.6. (a) During investigation into “serious offences” it is often necessary to obtain DNA
evidence. Give a clear description of the “DNA sampling procedure” as highlighted under
Section 122A of Penal Code? (10 marks)
  the taking of a sample of saliva or a sample by buccal swab;
 the taking of a sample of blood;
 the taking of a sample of hair from the head or underarm; or
 the taking of a sample from a fingernail or toenail or from under the nail,

(b) In relation to offences relating to the administration of justice, give three

circumstances when a person is deemed to have committed an offence of “Conspiracy to
defeat justice and interference with witnesses” as highlighted under Section 117 of Penal
Code and the punishment the court would award if one is found guilty? (10 marks)

 conspires with any other person to accuse any person falsely of any crime or to do
anything to obstruct, prevent, pervert or defeat the course of justice; or
 in order to obstruct the due course of justice, dissuades, hinders or prevents any
person lawfully bound to appear and give evidence as a witness from so appearing
and giving evidence, or endeavours to do so; or
 obstructs or in any way interferes with or knowingly prevents the execution of
any legal process, civil or criminal, is guilty of an offence and is liable to
imprisonment for five years.

Q.7. (a) what is the interpretation of the following terms as stipulated under Section 4 of
Penal Code? (12 marks)

(i) “electronic record” means a record generated in digital form by an information system
which can be transmitted within an information system or from one information system
to another, and stored in an information system or other medium;
(ii) “public way” includes any highway, market place, square, street, bridge or other way
which is lawfully used by the public;
(iii) “knowingly” used in connexion with any term denoting uttering or using, implies
knowledge of the character of the thing uttered or used;
(iv)“night” or “night-time” means the interval between half-past six o’clock in the evening
and half-past six o’clock in the morning;
(v) “vessel” includes any ship, a boat and every other kind of vessel used in navigation
either on the sea or in inland waters and includes aircraft;
 (vi)“premises” includes any land, any building and any other place whatsoever;

(b) In relation to punishments, state only eight (8) “Different kinds of punishments” that
may be inflicted by a court upon conviction as stipulated under Section 24 of Penal Code?

(8 marks)

The following punishments may be inflicted by a court—

 Death;
 Imprisonment
 Community Service Orders Act, 1998,
 Fine;
 Forfeiture;
 Payment of compensation;
 Finding security to keep the peace and be of good behaviour;
 Discharged under sec 35(1) penal code
 Restitution
 Probation
 Suspended sentence
 Any other punishment provided by this Code or by any other Act.

Q.8. (a) You have been nominated by your OCS to give a lecture to newly posted constables
at your police station on the topic “Parties to offences”, what would you tell them about
“Principal offenders” as stipulated under Section 20(1) of Penal Code? (8 marks)

 Every person who actually does the act or makes the omission which constitutes
the offence;
 Every person who does or omits to do any act for the purpose of enabling or
aiding another person to commit the offence;
 Every person who aids or abets another person in committing the offence;
 Any person who counsels or procures any other person to commit the offence,
(b) In relation to unlawful assemblies, riots and other offences against public tranquility,
explain in details what the law says in regard to “Incitement to violence and disobedience
of the law” as stipulated under Section 96 of Penal Code? (12 marks)

Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters,
prints or publishes any words, or does any act or thing, indicating or implying that it is or might
be desirable to do, or omit to do, any act the doing or omission of which is calculated—

(a) to bring death or physical injury to any person or to any class, community or body of
persons; or

(b) to lead to the damage or destruction of any property; or

(c) to prevent or defeat by violence or by other unlawful means the execution or enforcement of
any written law or to lead to defiance or disobedience of any such law, or of any lawful
authority, is guilty of an offence and is liable to imprisonment for a term not exceeding five
years.

POLICE LAW EXAMINATION

AUG 2021

Q.1. (a) In relation to offences against morality, state three (3) acts which constitute
unnatural offences by a person as highlighted under Section 162 of Penal Code?

(9 marks)

Any person who –

(i) has carnal knowledge of any person against the order of nature; or
(ii) has carnal knowledge of an animal; or
(iii) permits a male person to have carnal knowledge of him or her against the
order of nature

(b) Who is a forcible detainer as defined under sec. 91 of the penal code? (8 marks)
Any person who, being in actual possession of land without colour of right, holds possession of
it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the
peace, against a person entitled by law to the possession of the land.

(c) Define the meaning of the offence of “Affray” as provided for under sec. 92 of the penal
code? (3 marks)

Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to
imprisonment for one year

Q.2. the penal “General rules as to criminal responsibility”. What does the act state in
relation to the following?

i. “Compulsion by Husband” as defined under sec. 19 of the penal code? (5 marks)

A married woman is not free from criminal responsibility for doing or omitting to do
an act merely because the act or omission takes place in the presence of her husband;
but, on a charge against a wife for any offence other than treason or murder, it shall
be a good defence to prove that the offence was committed in the presence of, and
under the coercion of, the husband.
ii. “Ignorance of Law” as defined under sec. 7 of the penal code? (3 marks)
Ignorance of law does not afford any excuse for any act/omission which constitutes
an offence unless knowledge of the law by the offender is expressly declared to be an
element of the offence, i.e., ignorance of law is no defence.
iii. “Insanity” as defined under sec. 12 of the penal code? ( 5marks)
A person is not criminally responsible for an act/omission if at the time of doing the
act or making the omission he is through any disease affecting his mind incapable of
understanding what he was doing, or of knowing that he ought not to do the act or
make the omission; but a person may be criminally responsible for an act or
omission , although his mind is affected by disease , if such disease does not in fact
produce upon his mind one ore other of the effects above mentioned in reference to
the act or omission.

iv. “Judicial Officers” as stipulated under Section 15 of Penal Code? (3 marks)

Except as expressly provided by this Code, a judicial officer is not criminally

responsible for anything done or omitted to be done by him in the exercise of his
 judicial functions, although the act done is in excess of his judicial authority or he is
bound to do the act omitted to be done.

v. “Mistake of Facts” as defined under sec. 10(1) of the penal code? (4 marks)
(1) A person who does an act or omits to do an act under an honest and reasonable,
but mistaken, belief in the existence of any state of things is NOT criminally
responsible for the act/omission to any greater extent than if the real state of
things had been such as he believed to exist.
Q.3. (a) Name the four (4) offences allied to treason as stipulated under Sections42, 43,43A
and 44 of the penal code. (8 marks)

 Concealment of treason.
 Treasonable felony.
 Treachery.
 Promoting warlike undertaking.

(b) In relation to offences causing injury to property, when may a person be deemed
to have committed an offence of “arson” as explained under sec. 332 of the penal
code? (12 marks)
Any person who willfully and unlawfully sets fire to –
 any building or structure whatever, whether completed or not; or
 any vessel, whether completed or not; or
 any stack of cultivated vegetable produce, or of mineral or vegetable fuel; or
 a mine, or the workings, fittings or appliances of a mine

Q.4. (a) Define the following terms as interpreted under section 4 of the penal code?

( 10 marks)

(i) “Court” means a court of competent jurisdiction;

(ii) “Dangerous harm” means harm endangering life;
(iii) “Maim” means the destruction or permanent disabling of any external or internal
organ, member or sense;
(iv)“money” includes bank notes, currency notes, bank drafts, cheques and any other orders,
warrants or requests for the payment of money;
(v) “Oath” includes affirmation or declaration;

(b) The OCS Maragua Police Station during his weekly lectures on one of the Saturday
during covers the topic of parties to offences. After two weeks he nominated PC Juma to
recapitulate the officers about “Counseling another to commit offence”. What would PC
Juma explain to other offers being guided by sec. 22 of the penal code? ( 10 marks)

(1) When a person counsels another to commit an offence, and an offence is actually committed
after such counsel by the person to whom it is given, it is immaterial whether the offence actually
committed is the same as that counseled or a different one, or whether the offence is committed
in the way counseled or in a different way, provided in either case that the facts constituting the
offence actually committed are a probable consequence of carrying out the counsel.
(2) In either case the person who gave the counsel is deemed to have counseled the other person
to commit the offence actually committed by him.
Q.5. Explain in detail five (5) circumstances or cases in which a person is deemed to have
caused the death of another person although his act is not the immediate or the sole cause
of death as provided for under sec. 213 of the penal code? (20 marks)

 Inflicts bodily injuries to another person who undergoes surgical or medical treatment,
which is offered in good faith and with common knowledge and skill, but still dies.
 Inflicts bodily injuries to any person who then does not undergo any surgical or medical
treatment or does not observe his mode of living and still dies.
 Hasten the death of another person (Mercy killing).
 By actual or threatened violence causes a person to do an act or omission being a means
of avoiding such violence.
 Even if the act or omission alone could not have caused the death had it not been
accompanied by act or omission of the person killed.
Q.6. (a) In relation to conspiracies, explain what the Law states in regard to “other
conspiracies” as stipulated under Section 395 of Penal Code? (16 marks)

Any person who conspires with another to effect any of the purposes following, that is to say -

a. to prevent or defeat the execution or enforcement of any written law; or

b. to cause any injury to the person or reputation of any person or to depreciate the
value of any property of any person; or
c. to prevent or obstruct the free and lawful disposition of any property by the owner
thereof for its fair value; or
d. to injure any person in his trade or profession; or
e. to prevent or obstruct, by means of any act or acts which if done by an individual
person would constitute an offence on his part, the free and lawful exercise by any
person of his trade, profession or occupation; or
 f. to effect any unlawful purpose; or
g. to effect any lawful purpose by any unlawful means,
(b) Define the terms “House breaking and burglary” as stipulated under section 304(1)
and 304(2) Penal Code? (4 marks)

1. Any person who Breaks and enters any building, tent or vessel used as a human
dwelling with intent to commit a felony therein, or having entered any building,
tent or vessel used as a human dwelling with intent to commit a felony breaks out,
thereof, is guilty of the felony termed housebreaking and is liable to imprisonment
for seven years.
2. If the offence is committed in the night, it is termed burglary, and the offender is
liable to imprisonment for ten years.
NB: The difference between the two offences is the time when the offence is committed and the
sentence, which may be imposed.

Q.7. (a) In relation to robbery and extortion, state the “Definition of robbery” and
“Punishment of robbery” as provided for under sec. 295 and 296(1) and (2) of the penal
code respectively? (10 marks)

 Any person who steals anything, and, at or immediately before or immediately after the
time of stealing it, uses or threatens to use actual violence to any person or property in
order to obtain or retain the thing stolen or to prevent or overcome resistance to its being
stolen or retained.
 Any person who commits the felony of robbery is liable to imprisonment for fourteen
years.
 If the offender is armed with any dangerous or offensive weapon or instrument, or is in
company with one or more other person or persons, or if, at or immediately before or
immediately after the time of the robbery, he wounds, beats, strikes or uses any other
personal violence to any person, he shall be sentenced to death.

(b) Explain in detail what the Law stipulates in regard to “Proclamation for rioters to
disperse” as highlighted under Section 81(1) of Penal Code? (10 marks)

(1) Any administrative officer or magistrate, or, in his absence, any gazetted officer or inspector
of the Kenya Police Force or any commissioned officer in the military forces in Kenya, in whose
view twelve or more persons are riotously assembled, or who apprehends that a riot is about to
be committed by twelve or more persons assembled within his view, may make or cause to be
made a proclamation, in such form as he thinks fit, commanding the rioters or persons so
assembled to disperse peaceably.

Q.8. (a) You have been nominated by the OCS to give a lecture to newly posted Constables
at your police station on the sections related to murder and manslaughter. What would you
inform them in regard to “Limitation as to time of death” as highlighted under Section 215
of Penal Code? (10 marks)

 A person is not deemed to have killed another if the death of that person does not take
place within a year and a day of the cause of death.
 Such period is reckoned inclusive of the day on which the last unlawful act contributing
to the cause of death was done.
 When the cause of death is an omission to observe or perform a duty, the period is
reckoned inclusive of the day on which the omission ceased.
 When the cause of death is in part an unlawful act, and in part an omission to observe or
perform a duty, the period is reckoned inclusive of the day on which the last unlawful act
was done or the day on which the omission ceased, whichever is the later.
(b) A newly posted Constable in your station enquires from you what the Law says in
relation to handling stolen goods. Explain to him in details “Handling stolen goods” as
provided for under sec. 322(1) of the penal code. (5 marks)

A person handles stolen goods if (otherwise than in the course of stealing) knowing or having
reason to believe them to be stolen goods if he: - Dishonestly receives or retains the goods or,
Dishonestly undertake, or assists in their; or, Retention, Removal, Disposal or Realization by or
for the benefit of another person or, if he so arranges to do so.
(c) In relation to offences connected with murder and suicide, define “Attempt to Murder”
as stipulated under Section 220 of Penal Code? (5 marks)

Any person who –

(a) Attempts unlawfully to cause the death of another; or
(b) with intent unlawfully to cause the death of another does any act, or omits to do any act
which it is his duty to do, such act or omission being of such a nature as to be likely to endanger
human life, is guilty of a felony and is liable to imprisonment for life.
POLICE LAW EXAMINATION

AUG 2019

Q.1. (a) State five (5) intentions in fraudulently converting anything capable of being
stolen. Section 268(2) of Penal Code. (10 marks)
 An intent to permanently deprive the general owner of the thing off it, e.g.
‘A’ takes ‘B’s pen and goes with it for good, not intending to return it.
 Intent to use the thing as a pledge of security.
 Intent to part with it on a condition as to its return which the person taking or
converting it may be unable to perform.

 Intent to deal with the thing in a manner that it cannot be returned in the condition it
was at time of taking or conversion.

 In the case of money, intent to use it at the will of the person who takes or converts it
although he may intend afterwards to repay the amount to the owner.

(b) Define the following terms. (10 marks)

(i) “Dangerous harm” means harm endangering life;

(ii) “Maim” means the destruction or permanent disabling of any external or internal organ,
member or sense;
(iii) “Bona Fide Claim of Right”
A person is NOT criminally responsible in respect of an offence relating to
property, if the act done or omitted to be done by him with respect to the property
was done in the exercise of an honest claim of right and without intention to
defraud.
(vi)“Oath” includes affirmation or declaration;

(v) “print” means to produce or reproduce words or pictures in visible form by printing,
writing, typewriting, duplicating, cyclostyling, lithography, photography or any other means
of representing the same in visible form;
 Q.2. When is a person deemed to have caused the death of another. Sec. 213 of the penal
code? (20 marks)

A person would be deemed to have caused the death of another who dies within the limitation as
to the time of death in one year and one day who;

 Inflicts bodily injuries to another person who undergoes surgical or medical treatment,
which is offered in good faith and with common knowledge and skill, but still dies.
 Inflicts bodily injuries to any person who then does not undergo any surgical or medical
treatment or does not observe his mode of living and still dies.
 Hasten the death of another person (Mercy killing).
 By actual or threatened violence causes a person to do an act or omission being a means
of avoiding such violence.
 Even if the act or omission alone could not have caused the death had it not been
accompanied by act or omission of the person killed.
Q.3. (a) When is a person said to have made a false document. Sec. 347 Penal Code.

(14 marks)

Any person makes a false document who –

(a) makes a document purporting to be what in fact it is not; or

(b) alters a document without authority in such a manner that if the alteration had been
authorized it would have altered the effect of the document; or

(c) introduces into a document without authority whilst it is being drawn up matter which if
it had been authorized would have altered the effect of the document; or

(d) signs a document –

i. in the name of any person without his authority, whether such name is
or is not the same as that of the person signing; or
ii. in the name of any fictitious person alleged to exist, whether the
fictitious person is or is not alleged to be of the same name as the
person signing; or
iii. in the name represented as being the name of a different person from
that of the person signing it and intended to be mistaken for the name
of that person; or
 iv. in the name of a person personated by the person signing the
document, provided that the effect of the instrument depends upon the
identity between the person signing the document and the person
whom he professes to be.

(e) fraudulently;

(i) makes or transmits any electronic record or part of an electronic record;

(ii) affixes any digital signature on any electronic record, or
(iii) makes any mark denoting the authenticity of a digital signature, with the intention
of causing it to be believed hat such record, or part of document, electronic record or
digital signature was made, signed, executed, transmitted or affixed by or by the
authority of a person by whom or whose authority he knows that it was not made,
signed, executed or affixed;

(f) without lawful authority or fraudulently, by cancellation or otherwise, alters a document

or an electronic record in any material part thereof, after it has been made, executed or
affixed with a digital signature either by himself or by any other person, whether such person
is living or dead at the time of such alter

(g) fraudulently causes any person to sign, seal, execute or alter a document or an electronic
record or to affix his digital signature on any electronic record knowing that such person by
reason of deception practised upon him, does not know the contents of the document or
electronic record or the nature of the alteration.

(b) when do goods cease to be stolen goods? (6 marks)

Goods shall be regarded as having ceased to be stolen goods if: -

 They have been restored to the person from whom they were stolen.
 They have been restored to other lawful possession or custody e.g. police.
 After that person and any other person claiming through him have otherwise ceased as
regards those goods to have any right to restitution in respect of the stealing.

Q.4. With reference to Criminal responsibility outline what the law states in relation to;

(i) Intention and Motive (6 marks)

 Intention - is what the accused person had in mind.

 Motive - is the reason why the person committed the offence. The motive by
which a person is induced to do an act or omission to do act or to form an
intention is immaterial so far as regards criminal responsibility.
(1) Subject to the express provisions of this Code relating to negligent acts or
omissions, a person is not criminally responsible for an act or omission which
occurs independently of the exercise of his will, or for an event which occurs by
accident.
(2) Unless the intention to cause a particular result is expressly declared to be an
element of the offence constituted, in whole or part, by an act or omission, the
result intended to be caused by an act or omission is immaterial.
(3) Unless otherwise expressly declared, the motive by which a person is induced to
do or omit to do an act, or to form an intention, is immaterial so far as regards
criminal responsibility.
(ii) Presumption of Sanity (3 marks)
Every person is presumed to be of sound mind, and to have been of sound mind at
any time which comes in question, until the contrary is proved.
(iii) Compulsion by Husband (4 marks)
A married woman is not free from criminal responsibility for doing or omitting to do
an act merely because the act or omission takes place in the presence of her husband;
but, on a charge against a wife for any offence other than treason or murder, it shall
be a good defence to prove that the offence was committed in the presence of, and
under the coercion of, the husband.

(iv) Judicial Officers (4 marks)

Except as expressly provided by this Code, a judicial officer is not criminally
responsible for anything done or omitted to be done by him in the exercise of his
judicial functions, although the act done is in excess of his judicial authority or he is
bound to do the act omitted to be done.

(v) Mistake of Facts (3 marks)

A person who does an act or omits to do an act under an honest and reasonable, but
mistaken, belief in the existence of any state of things is NOT criminally responsible
 for the act/omission to any greater extent than if the real state of things had been such
as he believed to exist.
Q.5. (a) Draw a line between robbery and robbery with violence. (8 marks)

 Robbery is the use or threats to use actual violence which amounts to: Pulling, Pushing,
Grabbing, and grasping the person or his property.
 Any person who commits the felony of robbery (sec 296 (1) PC) is liable to
imprisonment for fourteen years.
 robbery with violence sec 296 (2) PC If the offender is armed with any dangerous or
offensive weapon or instrument, or is in company with one or more other person or
persons, or if, at or immediately before or immediately after the time of the robbery, he
wounds, beats, strikes or uses any other personal violence to any person, he shall be
sentenced to death.

(b) Discuss what “Malice Aforethought” entails. Sec. 206 Penal Code. (12 marks)

A person would be deemed to kill another with malice aforethought if he or she does so during
peace time with any of the following: -

 Intent to cause death or grievous bodily harm to any person whether that person is the
person actually killed or not.
 Having the knowledge that the act or omission is likely to cause death or grievous bodily
harm to any person whether that person is the person actually killed or not.
 Intent to commit a felony.
 Intent to facilitate the flight or escape of any person who has committed or attempted to
commit a felony.

Q.6. (a) (i) Who is entitled to make an order for DNA as per Section 122A of the Penal
Code? (4 marks)

A police officer of or above the rank of inspector may by order DNA sampling
procedure on suspect.

(ii) What may happen when a suspect resists compliance with the order under
Sec.122B Penal Code? (4 marks)
Where a suspect in respect of whom an order has been made under section 122A resists
compliance with the order, members of the police force, under supervision of an officer of or
above the rank of inspector, shall be entitled to use reasonable force in restraining the suspect for
the purpose of effecting the procedure.

(b) One is deemed to have committed the offence of arson (Sec 332 PC) when he sets fire
on certain properties. Name them. (12 marks)

Any person who wilfully and unlawfully sets fire to—

(a) any building or structure whatever, whether completed or not; or

(b) any vessel, whether completed or not; or

(c) any stack of cultivated vegetable produce, or of mineral or vegetable fuel; or

(d) a mine, or the workings, fittings or appliances of a mine, is guilty of a felony and is liable to
imprisonment for life.

Q.7. What do you understand by a ‘TRUSTEE’ as outlined under section 327(2) of the
Penal Code? (20 marks)

(a) trustees upon express trusts created by a deed, will, or instrument in writing, whether for a
public or private or charitable purpose;

(b) trustees appointed by or under the authority of any written law for any such purpose;

(c) the heir or personal representative of any trustee as aforesaid and any other person upon or to
whom any such trust shall devolve or come;

(d) executors, including executors de son tort and administrators;

(e) managers appointed under the authority of the Mental Treatment Act;

(f) official managers, assignees, liquidators or other like officers, by whatsoever name called,
acting under the authority of any written law relating to bankruptcy or joint stock companies.

Q.8. (a) What is infanticide? Sec. 210 Penal Code. (6 marks)

Where a woman by any willful act or omission causes the death of her child being a child under
the age of twelve months, but at the time of the act or omission the balance of her mind was
disturbed by reason of her not having fully recovered from the effect of giving birth to the child
or by reason of the effect of lactation consequent on the birth of the child, then, notwithstanding
that the circumstances were such that but for the provisions of this section the offence would
have amounted to murder, she shall be guilty of a felony, to wit, infanticide, and may for that
offence be dealt with and punished as if she had been guilty of manslaughter of the child.

(b) What do you understand by “killing on provocation”. Sec.207 Penal Code. (6 marks)

When a person who unlawfully kills another under circumstances which, but for the provisions
of this section, would constitute murder, does the act which causes death in the heat of passion
caused by sudden provocation as hereinafter defined, and before there is time for his passion to
cool, is guilty of manslaughter only.

(c) State four (4) offences allied to treason as given under Sec.42, 43, 43A and 44 of the
Penal Code. (8 marks)

 Concealment of treason.
 Treasonable felony
 Treachery.
 Promoting warlike undertaking.

POLICE LAW EXAMINATION

FEB 2022

Q.1. (a) Explain in detail what the law says in respect to “Obtaining credit by false
pretences” as highlighted under Section 215 of Penal Code? (9 marks)

Any person who

(a) in incurring any debt or liability, obtains credit by any false pretence or by means of any
other fraud; or
(b) with intent to defraud his creditors or any of them, makes or causes to be made any gift,
delivery or transfer of or any charge on his property; or
(c) with intent to defraud his creditors or any of them, conceals, sells or removes any part of
his property, after or within two months before the date of any unsatisfied judgment or
order for payment of money obtained against him, is guilty of a misdemeanour and is
liable to imprisonment for one year.
 (b) During one of the station weekly lectures, your OCS nominates you to
enlighten other officers on the topic of “Parties to Offences”. What would you tell
them in respect to “Principal offenders” as stipulated under section 20(1) of the
Penal Code? (8 marks)

 Every person who actually does the act or makes the omission which constitutes
the offence;
 Every person who does or omits to do any act for the purpose of enabling or
aiding another person to commit the offence;
 Every person who aids or abets another person in committing the offence;
 Any person who counsels or procures any other person to commit the offence.

(c) Define the term “Murder” as highlighted under Section 203 of Penal Code?
(3 marks)

This is the killing of a human being by another by unlawful act or omission and with malice
aforethought.

Q.2. (a) State three (3) when a person is deemed to have committed the offence of
“Aiding suicide” as illustrated under Section 225 of Penal Code?

Any person who –

a. procures another to kill himself ; or

b. counsels another to kill himself and thereby induces him to do so; or
c. aids another in killing himself, is guilty of a felony and is liable to imprisonment
for life.

(b) Explain in detail the term “compounding felonies” as provided for under Section 118
of Penal Code? (8 marks)

Any person who asks, receives or obtains, or agrees or attempts to receive or obtain, any
property or benefit of any kind for himself or any other person upon any agreement or
understanding that he will compound or conceal a felony, or will abstain from, discontinue or
 delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of a
misdemeanour.

(c) What do you understand by the term “definition of forgery” as given under Section 345
of Penal Code? (3 marks)

Forgery is the making of a false document with intent to defraud or to deceive.

(d) In relation to general rules to criminal responsibility define the term “Presumption of
Sanity” as provided for under Section 11 of Penal Code? (3 marks)

Every person is presumed to be of sound mind, and to have been of sound mind at
any time which comes in question, until the contrary is proved.
Q.3. (a) State five (5) circumstances when a person shall be deemed to be idle and
disorderly as illustrated under “Idle and disorderly person” in Section 182 of Penal Code.
(10 marks)

 every common prostitute behaving in a disorderly or indecent manner in any

public place;
 every person causing, procuring or encouraging any person to beg or gather alms;
 every person who publicly conducts himself in a manner likely to cause a breach
of the peace;
 every person who without lawful excuse publicly does any indecent act;
 every person who in any public place solicits for immoral purposes;
(b) You have been nominated by the OCS to give a lecture to newly posted
Constables on the topic of “rescues and escapes and obstructing officers of court”.
What would you tell them in respect to “Aiding escape” as stipulated under Section
124 of Penal Code? (10 marks)

Any person who

a. aids a prisoner in escaping or attempting to escape from lawful custody; or

b. conveys anything or causes anything to be conveyed into a prison with intent to
facilitate the escape of a prisoner, is guilty of a felony and is liable to
imprisonment for seven years.
 Q.4. State clearly the “things capable of being stolen” as outlined under Section 124
of Penal Code? (20 marks)

1) Ever inanimate thing whatever which is the property of any person and which is movable
e.g., a pen
2) Every inanimate thing which is property of any person and which is capable of being
stolen as soon as it becomes movable although it is made movable in order to steal it e.g.,
car windscreen.
3) Every tamed animal, whether tamed by nature or wild by nature and subsequently tamed,
which is the property of any person e.g., horse, donkey, cat, etc.
4) Animals wild by nature of a kind which are not ordinarily found in a condition of natural
liberty in Kenya, which are property of any person and which are usually kept in a state
of confinement are capable of being stolen when they are actually in confinement or have
escaped from confinement, but not at any other time e.g., Australian kangaroo, polar
bear, llama etc.
5) Animals wild by nature which are ordinarily found in a condition of natural liberty in
Kenya , which are the property of any person are capable of being stolen while they are in
a confinement, and while they are being actually pursued after escaping from
confinement, but not at any other time e.g., lion, elephant etc.
6) Wild animals in their enjoyment of their natural liberty are not capable of being stolen,
but their dead bodies are capable of being stolen e.g., a leopard carcass
7) Everything produced by or forming part of the body of an animal capable of being stolen
is capable of being stolen.
8) Information is capable of being stolen.

Q.5. In relation to assaults, explain what the law says in regard to “Other
assaults”as outlined under Section 253 of Penal Code? (20 marks)

Any person who –

(a) assaults any person with intent to commit a felony or to resist or prevent the lawful
apprehension or detainer of himself or of any other person for any offence; or
(b) assaults, resists or wilfully obstructs any police officer in the due execution of his duty, or
any person acting in aid of that officer; or

(c) assaults any person in pursuance of any unlawful combination or conspiracy to raise the rate
of wages, or respecting any trade, business or manufacture or respecting any person concerned or
employed therein; or

(d) assaults, resists or obstructs any person engaged in lawful execution of process, or in making
a lawful distress, with intent to rescue any property lawfully taken under such process or distress;
(e) assaults any person on account of any act done by him in the execution of any duty imposed
on him by law,

Q.6. Stealing is defined as a person who fraudulently and without claim of right takes
anything capable of being stolen or fraudulently converts it to the use of any person other
than the general or special owner thereof any property, is said to steal that thing or
property. A person who takes anything capable of being stolen or who converts any
property is deemed to do so fraudulently if he does so with any of the following intents.
State five (5) intentions in fraudulently converting anything capable of being stolen as
provided for under Section 268(2) of Penal Code. (10 marks)

a. an intent permanently to deprive the general or special owner of the thing of it;
b. an intent to use the thing as a pledge or security;
c. an intent to part with it on a condition as to its return which the person taking or
converting it may be unable to perform;
d. an intent to deal with it in such a manner that it cannot be returned in the
condition in which it was at the time of the taking or conversion;
e. in the case of money, an intent to use it at the will of the person who takes or
converts it, although he may intend afterwards to repay the amount to the owner;

(b) Who is entitled to make an order for DNA Sampling procedure as stipulated Section
122A of the Penal Code? (5 marks)

A police officer of or above the rank of inspector may by order DNA sampling
procedure on suspect.
(c) What happens when a suspect resists compliance with the order as provided for under
Sec.122B Penal Code? (5 marks)

Where a suspect in respect of whom an order has been made under section 122A resists
compliance with the order, members of the police force, under supervision of an officer of or
above the rank of inspector, shall be entitled to use reasonable force in restraining the suspect for
the purpose of effecting the procedure.

Q.7. (a) Explain in detail what the Law says in relation to “definition of breaking and
entering.” as provided for under Section 303 of Penal Code? (10 marks)

Any person who breaks any part, whether external or internal, of a building, or opens by: -
Unlocking, Pulling, Pushing, Lifting or any other means whatever any; Door, Window, Shutter,
Cellar flap or any other thing intended to close or cover an opening in a building or an opening
giving passage from one part of a building to another is deemed to break that building.

(b) Chapter XXII of the penal code deals with offences endangering life and health.
Explain clearly what the Law says in relation to “Unlawful wounding or poisoning” as
given under Section 237 of Penal Code? (10 marks)

Any person who

(a) unlawfully wounds another; or

(b) unlawfully, and with intent to injure or annoy any person, causes any poison or other
noxious thing to be administered to, or taken by, any person

Q.8. (a) Define the following terms as interpreted under section 4 of the penal code?
(10 marks)

i. “Act” includes any order, rules or regulations made under any Act;

ii. “utter’ means and includes using or dealing with and attempting to use or deal with and
attempting to induce any person to use, deal with, or act upon the thing in question;

iii. “misdemeanor” means any offence which is not a felony; “money” includes bank notes,
currency notes, bank drafts, cheques and any other orders, warrants or requests for the payment
of money;

iv. “print” means to produce or reproduce words or pictures in visible form by printing, writing,
typewriting, duplicating, cyclostyling, lithography, photography or any other means of
representing the same in visible form;
v. “wound” means any incision or puncture which divides or pierces any exterior membrane of
the body, and any membrane is exterior for the purpose of this definition which can be touched
without dividing or piercing any other membrane;

(b) In relation to Parties to Offences, explain what the Law says in regard to “Counseling
another to commit offence” as stipulated under Section 22 of the Penal Code? (10 marks)

When a person counsels another to commit an offence, and an offence is actually committed
after such counsel by the person to whom it is given, it is immaterial whether the offence actually
committed is the same as that counseled or a different one, or whether the offence is committed
in the way counseled or in a different way, provided in either case that the facts constituting the
offence actually committed are a probable consequence of carrying out the counsel.
(2) In either case the person who gave the counsel is deemed to have counseled the other person
to commit the offence actually committed by him.