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COURSE OUTLINE

The course outline for 'Criminal Law for Criminologists' provides a comprehensive introduction to Kenyan criminal law, covering topics such as the sources of law, classification of offences, general principles, and various types of crimes including homicide and property offences. It also addresses legal defences, corporate liability, and emerging crimes like cybercrime. The course includes case studies and examination preparation to equip beginners with essential knowledge and skills in criminal law.

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4 views4 pages

COURSE OUTLINE

The course outline for 'Criminal Law for Criminologists' provides a comprehensive introduction to Kenyan criminal law, covering topics such as the sources of law, classification of offences, general principles, and various types of crimes including homicide and property offences. It also addresses legal defences, corporate liability, and emerging crimes like cybercrime. The course includes case studies and examination preparation to equip beginners with essential knowledge and skills in criminal law.

Uploaded by

edwin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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COURSE OUTLINE: CRIMINAL LAW FOR CRIMINOLOGISTS (BEGINNERS)

BY: EDWIN KIMANI

Topic
1 Introduction to Criminal Law & Sources (Penal Code, Constitution, Common Law)
2 Classification of Offences (Felonies, Misdemeanors, Regulatory Offences)
3 General Principles: Actus Reus & Mens Rea
4 Parties to a Crime: Principal, Accessory, Conspiracy
5 Inchoate Offences: Attempt, Conspiracy, Solicitation
6 Offences Against the Person I: Homicide (Murder, Manslaughter)
7 Offences Against the Person II: Assault, Sexual and Gender-Based Violence
8 Offences Against Property I: Theft, Robbery, Burglary
9 Offences Against Property II: Criminal Damage, Fraud, Receiving Stolen Property
10 Defences I: Involuntary Conduct, Mistake, Duress, Necessity
11 Defences II: Insanity, Intoxication, Automatism
12 General Defences & Justifications: Self-defence, Consent, Public Interest
13 Corporate and State Liability; Emerging Crimes (Cybercrime, Environment)
14 Revision, Case Studies & Mock Exam

Detailed Criminal Law Notes


1. Introduction & Sources of Criminal Law

• Definition: Criminal law defines conduct prohibited by the state, prescribing punishment.
• Primary Sources:
o Penal Code (Cap. 63): Principal statute for substantive offences.
o Constitution of Kenya, 2010: Fundamental rights, guiding principles (e.g., fair
trial, presumption of innocence).
o Criminal Procedure Code (Cap. 75): Procedure for investigation, trial,
sentencing.
o Common Law and Judicial Precedents: Fill gaps not covered by statute.

2. Classification of Offences

• Felonies vs. Misdemeanours:


o Felony (now largely synonymous with “indictable offence”): punishable by
imprisonment exceeding 3 years.
o Misdemeanour: punishable by imprisonment up to 3 years or fine.
• Regulatory Offences: Created under subsidiary legislation (e.g., traffic regulations),
punishable by fines.
3. General Principles: Actus Reus & Mens Rea

• Actus Reus (Guilty Act): External element—voluntary bodily movement, omission


where duty exists (e.g., under s. 170, Penal Code (Cap. 63) duty of a legal guardian).
• Mens Rea (Guilty Mind):
o Intention (direct or oblique)
o Recklessness
o Knowledge (e.g., under s. 341 (embezzlement) requires dishonesty with intent to
defraud)
• Concurrence Principle: Actus reus and mens rea must coincide in time.

4. Parties to a Crime

• Principal in the First Degree: Person who actually commits the act.
• Principal in the Second Degree: Present and aiding or abetting (s. 23, Penal Code).
• Accessory After the Fact: Helps offender to escape justice (s. 24, Penal Code).
• Conspiracy (s. 384): Agreement between two or more persons to commit offence.

5. Inchoate Offences

• Attempt (s. 22): Acts beyond mere preparation, more than impossible attempts (s. 22(2)).
• Solicitation (s. 22A–22C): Encouraging or procuring commission of offence.
• Conspiracy: Agreement plus an overt act in furtherance.

6. Offences Against the Person I: Homicide

• Murder (s. 203): Unlawful killing with malice aforethought; mandatory life sentence.
• Manslaughter (s. 204): Unlawful killing lacking malice aforethought.
• Infanticide (s. 205): Mother killing newborn under 12 months.
• Culpable Homicide Not Amounting to Murder: When circumstances (e.g.,
provocation) reduce liability.

7. Offences Against the Person II

• Assault (s. 245): Attempt or threat to apply unlawful force.


• Grievous Bodily Harm (s. 247): Actual bodily harm or grievous hurt.
• Sexual Offences Act, 2006: Rape (s. 3), defilement, sexual harassment—complements
the Penal Code.

8. Offences Against Property I

• Theft (s. 268): Dishonest appropriation of movable property belonging to another.


• Aggravated Theft (s. 269A): Theft involving violence or weapons.
• Robbery (s. 296): Theft with violence or threat.
• Burglary (s. 302): Breaking and entering dwelling or locked structure.
9. Offences Against Property II

• Criminal Damage (s. 322–323): Malicious injury to property.


• Fraud (s. 312): Dishonest inducement by false pretence.
• Receiving Stolen Property (s. 296A): Knowing reception of stolen goods.

10. Defences I

• Involuntary Conduct: Acts done in unconscious state, e.g., automatism.


• Mistake of Fact (s. 24) vs. Mistake of Law: Only mistake of fact may negate mens rea
if reasonable.
• Duress (s. 25): Threat of death or grievous harm; not available for murder.
• Necessity: No specific statute; common-law doctrine for emergency actions.

11. Defences II

• Insanity (s. 79): “Defect of reason, from disease of mind,” incapable of understanding
nature of act.
• Intoxication (s. 80): Voluntary intoxication not a defence to basic intent crimes;
involuntary intoxication may be.

12. General Justifications

• Self-Defence (s. 247A): Reasonable force to defend self or property.


• Consent: Valid for certain non-fatal offences (e.g., sporting contexts).
• Public Interest: e.g., execution of legal duty by police.

13. Corporate & Emerging Liability

• Corporate Liability: Criminal responsibility of companies and agents (s. 32A).


• Cybercrime & Environment: Kenya Information and Communications Act;
Environmental Management and Coordination Act.

14–15. Revision & Examination

• Case Studies: Analyze landmark cases (e.g., R v. Shah, Republic v. Stanley Olomi).
• Answer-writing Skills: Issue spotting, IRAC method, statutory interpretation.

Key References:

• Penal Code (Cap. 63) — principal offences and defences.


• Constitution of Kenya, Art. 50 (right to fair hearing).
• Sexual Offences Act, 2006 — gender-based violence.
• Criminal Procedure Code (Cap. 75) — procedural aspects.
This structure equips beginner criminology students with a solid foundation in Kenyan criminal
law, integrating statutory citations and practical examples throughout.

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