WEEK TOPIC SUB-TOPIC METHODS 1 Introduction  Meaning and definition of criminal law  Nature, scope and purposes of criminal law  Criminal law and criminal justice  Criminal liability versus civil liability  Classification of offences • Lectures • Group Discussion • Library Assignments • Case Studies 2 Sources of Criminal Law 1. The Constitution of Kenya 2010 2. Common Law 3. Precedence/ Judicial Decisions 4. Acts of Parliament 5. Statutory Laws 6. Customary Law 7. International Law • Lectures • Group Discussion • Library Assignments • Case Studies 3 Actus Reus ✓ Meaning and components of actus reus ✓ Voluntary and involuntary conduct ✓ Acts, omissions and legal duties ✓ Possession as an actus reus ✓ Continuing acts and state of affairs offences ✓ Defenses and Justification through cases • Lectures • Group Discussion • Library Assignments • Case Studies 4 Mens Rea ✓ Meaning of mens rea ✓ Intention and motive ✓ Knowledge,  Recklessness and  Negligence  Criminal Liability that need not have mens rea o Strict Liability • Lectures • Group Discussion • Library Assignments • Case Studies 5 Principles of Criminal Liability 1. Presumptions  Presumption of Law (innocence)  Presumption of Fact 2. Burden and standard of proof o Burden on the State o Burden on the Accused o Persuasive and Evidential Burden 3. Ignorance of the Law • Lectures • Group Discussion • Library Assignments • Case Studies 6 CAT I CAT I Take-away Test • Written Test 7 Parties to Offence 1. Principal offenders 2. Joint Offenders & Common intention 3. Aiders & Abettors 4. Counsellors, Procurers, Instigators & Inciters 5. Accessories Before & After the Fact 6. Accomplices & Consorters o Vicarious Liability • Lectures • Group Discussion • Library Assignments • Case Studies 8 General Defenses 1. Insanity and mental disorder 2. Intoxication 3. Bona Fide Claim of Right 4. Mistake of fact and mistake of law 5. Automatism 6. Infancy and age of criminal responsibility 7. Accident 8. Provocation • Lectures • Group Discussion • Library Assignments • Case Studies 9 General Defenses Continued 9. Self-defense and defense of others 10. Defense of property 11. Necessity 12. Diminished responsibility 13. Compulsion 14. Marital coercion 15. Acts independent of the will 16. Alibi 17. Reasonable precautions and Due Diligence 18. Consent • Lectures • Group Discussion • Library Assignments • Case Studies 10 CAT II  CAT II Sit-in Examination • Written Test 11 Inchoate Offences 1. Meaning and rationale of inchoate offences 2. Attempt 3. Solicitation, Incitement & Procuration 4. Failing to Prevent a Felony Conspiracy • Lectures • Group Discussion • Library Assignments • Case Studies 12 Offences Against the Person 1. Offences causing bodily harm o Murder and manslaughter ✓ Assault and related offences o Offences of Murder  Infanticide  Concealing Birth  Killing an Unborn Child  Attempted Murder 2. Non- Fatal Offences Against Persons I. Wounding II. Grievous Harm III. Assault (Aggravated Assault) IV. Battery 3. Offences Against Morality  Sexual Offences  Unnatural Offences • Lectures • Group Discussion • Library Assignments • Case Studies 13 Offences Against Property 1. Theft, Stealing and related offences 2. Robbery and robbery with violence 3. Handling stolen property 4. Obtaining by false pretences 5. Fraud and cheating-related offences 6. Forgery, Counterfeiting and related Offences • Lectures • Group Discussion • Library Assignments • Case Studies 14 Offences Against Public Order 1. Insubordination & Disobedience 2. Desertion 3. Administration of Unlawful Oaths 4. Alarming Publications 5. Piracy and Armed Robbery against ships 7. Unlawful Assembly • Lectures • Group Discussion • Library Assignments • Case Studies 15 Revision and Application of Criminal Law ✓ Revision of key principles ✓ Statutory interpretation in cases ✓ Case analysis & legal reasoning ✓ Review of major offences and defenses ✓ Preparation for end-of-semester examination • Revision Lecture • Group Discussion • Student Presentations • Case Studies can u create extensi notes for me

Criminal Law

The branch of public law that defines conduct prohibited by the state because it threatens, harms, or endangers public safety and welfare, prescribing penal sanctions for convictions.

Principle of Legality

The constitutional doctrine (Article 50(2)(n) of the Constitution of Kenya) dictating that a person cannot be convicted for an act or omission that was not an offence under the law at the time it occurred.

Standard of Proof in Criminal Law

The burden carried by the prosecution to prove every element of the offence beyond reasonable doubt (Woolmington v DPP).

Actus Reus

The objective physical element of a crime, encompassing voluntary conduct, specified external circumstances, and prohibited consequences.

Omission Liability

Criminal liability arising from a failure to act, applicable only when a recognised legal duty exists (such as a statutory duty, parental relation, contract, assumed responsibility, or creation of danger).

Factual Causation (But-For Test)

The principle that the prohibited harm would not have occurred but for the actions of the accused (R v White).

Novus Actus Interveniens

A new intervening act break in the chain of legal causation between the defendant's conduct and the ultimate prohibited harm, which must be extraordinary and unforeseeable.

Mens Rea

The subjective mental state of blameworthiness (e.g., intention, knowledge, or recklessness) required to accompany the physical act.

Oblique Intent

A form of intention where the outcome is not the primary purpose, but the accused foresees the result as a virtually certain consequence of their actions (R v Woollin).

Subjective Recklessness

The conscious taking of an unjustified risk where the accused foresaw that the risk of harm existed or would occur, yet chose to proceed (R v Cunningham).

Strict Liability

Offences created by statute that do not require proof of mens rea regarding one or more elements of the actus reus, commonly applied to regulatory and public welfare matters.

Common Intention (Section 21)

A statutory principle holding that when two or more persons form a joint intention to pursue an unlawful purpose, each is criminally liable for offences committed in furtherance of that purpose if they were a probable consequence.

Doli Incapax

The legal doctrine concerning childhood incapacity; under Kenyan law, a child under eight years cannot be held criminally responsible, and capacity must be proven for children aged eight to twelve.

M'Naghten Rules (Insanity)

A legal standard establishing that an accused is not criminally responsible if, due to a disease of the mind, they were incapable of understanding the nature of the act or knowing that it was wrong.

Non-Insane Automatism

A defense asserting that the accused acted without voluntary control of the mind due to an external physical factor, such as a reflex, concussion, or involuntary intoxication.

Inchoate Offences

Incomplete or preliminary crimes—such as attempt, conspiracy, and incitement—that impose liability even if the ultimate substantive crime is not brought to fruition.

Malice Aforethought

The specific mens rea required for murder under Section 206 of the Penal Code, comprising an intention to cause death or grievous bodily harm, or knowledge that death or harm is the probable outcome.

Provocation (Sections 207 & 208)

A partial defense that mitigates murder to manslaughter when the accused experiences a sudden and temporary loss of self-control caused by an act sufficient to deprive an ordinary person of self-control.

Theft (Section 268)

The fraudulent taking or conversion of movable property capable of being stolen without a bona fide claim of right, accompanied by an intent to permanently deprive the owner.

Robbery with Violence (Section 296(2))

Stealing accompanied by the use or threat of violence where the perpetrator is armed with an offensive weapon, in the company of others, or wounds/beats the victim.