CERTIFIED FORENSIC FRAUD EXAMINER (CFFE)
MODULE TWO
PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS
WEDNESDAY: 20 August 2025. Afternoon Paper. Time Allowed: 3 hours.
Answer ALL questions. This paper has two sections. SECTION I consists of fifty (50) Multiple Choice Questions carrying fifty (50) marks. SECTION II has four (4) structured questions carrying fifty (50) marks. Marks allocated to each question are indicated at the end of the question.
SECTION I (50 MARKS)
1. Which one of the following statements is NOT accurate in regard to an expert opinion in fraudulent financial report facts in issue in Kenya jurisdiction? The expert witness must .
A. be a qualified accountant
B. have experience in accounting
C. be able to help the court to interpret the technical facts of the case
D. have advanced training in accounting and financial reporting (1 mark)
2. Which one of the following statements is NOT accurate in regard to civil and criminal trials in a fraud or corruption offences?
A. The parallel proceedings will be based on the same facts in issue
B. The parties to the parallel proceedings are the same
C. The civil and criminal trials can be tried parallel
D. The parallel proceedings are not based on the same facts in issue (1 mark)
3. Which one of the following statements is ACCURATE in regard to bank statements of a corruption suspect? Bank statements can be .
A. exhibits
B. real evidence
C. documentary evidence
D. circumstantial evidence (1 mark)
4. Which one of the following statements is NOT ACCURATE in regard to fraudulent invoices submitted a vendor? Fraudulent invoices can be .
A. exhibits
B. real evidence
C. circumstantial evidence
D. documentary evidence (1 mark)
5. Which one of the following statements is ACCURATE in regard to the law of evidence in Kenya jurisdictions?
A. Kenya evidence law is both substantive and procedural
B. Kenya evidence law is both procedural and administrative
C. Kenya evidence law governs the admissibility of evidence in all legal proceedings
D. Kenya evidence law does not govern all legal proceedings (1 mark)
6. Which one of the following statements is ACCURATE in regard to the parties to a civil litigation in re-examination?
A. The defendant and the plaintiff
B. The prosecution and the criminal defendant
C. The defence counsel and prosecution
D. The expert witness and prosecution (1 mark)
7. Which one of the following statements is ACCURATE in regard to the parties to a civil fraud trial in direct examination?
A. The defendant and the plaintiff
B. The defendant and the prosecution
C. The defence counsel and the prosecution
D. The expert witness and the prosecution (1 mark)
8. Which one of the following types of evidence is a hearsay evidence?
A. Character evidence
B. Eye witness evidence
C. Documents
D. Exhibits (1 mark)
9. The type of examination conducted during pre-trial in a fraud case is .
A. cross-examination
B. re-examination
C. oral/written testimony
D. none of the above (1 mark)
10. Which one of the following statements is MOST ACCURATE in regard to who alleges a criminal offence?
A. In adversarial jurisdictions who alleges does not have burden of proof
B. In inquisitorial jurisdictions who alleges has strict burden of proof
C. In both adversarial and inquisitorial jurisdictions who alleges has the burden of proof
D. In inquisitorial jurisdictions who alleges has burden of proof (1 mark)
11. Which one of the following statements is ACCURATE in regard to civil defendant’s rights in civil litigation?
A. In adversarial judicial processes civil defendants have a right to remain silent
B. In inquisitorial law jurisdictions civil defendants do not have a right to remain silent
C. In adversarial judicial processes criminal defendants are expected to testify if so directed the court
D. None of the above (1 mark)
12. Which one of the following statements is NOT accurate in regard to civil of appeal in the adversarial jurisdiction?
A. The appellate court can determine issues of law but not factual determination
B. The plaintiff in a civil trial can also appeal against the judgement
C. The appellate court cannot refer the case back to the high court
D. The appellate court can refer the case back to the high court (1 mark)
13. Which one of the following statements is NOT accurate in regard to the basic principles of evidence?
A. Relevance of evidence is a must for evidence to be admitted
B. Relevance of evidence is a must only in criminal offences
C. Relevance of evidence is not a must in civil law jurisdictions
D. Not all relevant evidence to prove facts in issue is admissible (1 mark)
14. Which one of the following statements is ACCURATE in regard to oral testimony in Kenya? Oral testimony must be .
A. direct
B. real
C. demonstrative
D. based on expertise on the facts in issue (1 mark)
15. Which one of the following statements is ACCURATE in regard to cross examination and the defence?
A. Defence support their side of the case diminishing the importance of the evidence presented the prosecution or plaintiff
B. Defence support their side of the case presenting evidence to prove that the defendant did not commit the offence
C. Defence support their side of the case through direct examination of their witness
D. Defence extensively use open and narrative questions in cross- examination to support their side of the case (1 mark)
16. Which one of the following statements is NOT accurate in regard to admissibility of documentary evidence? Document evidence .
A. can also prove facts in issue circumstantially
B. must be direct evidence
C. must be an exhibit
D. must have been in existence before litigation was anticipated (1 mark)
17. Which one of the following statements is ACCURATE in regard to the rule of authentication?
A. Digital evidence does not require authentication because they are self-authenticating
B. Not all tangible evidence requires authentication
C. All testimonial evidence must be properly authenticated
D. Only tangible evidence require authentication (1 mark)
18. Which one of the following statements is NOT accurate in regard to expert witnesses in civil jurisdictions?
A. Inquisitorial jurisdictions do not feature cross examination of the court appointed expert witness
B. In most inquisitorial jurisdictions, the defense witness can question a court appointed expert
C. In inquisitorial jurisdictions, the defense witness can cross examine a court appointed expert
D. In inquisitorial jurisdictions, the judge does not cross examine a court appointed witness (1 mark)
19. Which one of the following legal systems can the parties to a court proceedings access full evidentiary record at the outset of a trial?
A. Civil legal system
B. Common law legal system
C. Federal legal system
D. Unitary legal system (1 mark)
20. Which one of the following statements is ACCURATE in regard to a witness’s evidence in common law jurisdictions?
A. Character witness evidence is admissible if it is beyond reasonable doubt
B. Character witness evidence cannot be admitted for conviction purposes
C. Character witness cannot testify to the good character of the accused person
D. Character evidence cannot be used under any circumstances (1 mark)
21. Which one of the following is an example of an exhibit in a fraudulent payments fact in issue is .
A. a fraudulent invoice
B. fraudulent financial statements
C. payment vouchers
D. bank statements (1 mark)
22. Which one of the following statements BEST describes an expert testimonial evidence?
A. Oral/written witness statement
B. Expert opinion
C. Oral direct evidence
D. Real testimonial evidence (1 mark)
23. Which one of the following techniques CANNOT be used defence counsel to remove evidence?
A. The defence counsel can impeach an expert witness claiming that he/she does not have formal education on matters being tried
B. The defence counsel can impeach an expert witness claiming that he/she does not have firsthand knowledge on matters being tried
C. The defence counsel can impeach a witness claiming that he/she has conflict of interest
D. The defence counsel can impeach an expert witness claiming that he/she does not have the necessary experience on matters being tried (1 mark)
24. Which one of the following Acts BEST describes the law in Kenya that sets the rules and procedures of collecting and presenting evidence of a fraud offence during trial?
A. Criminal Procedure Act
B. Civil Procedure Act
C. Anti- Corruption and Economic Crimes Act
D. None of the above (1 mark)
25. Which one of the following statements is NOT ACCURATE in regard to disclosure of evidence in common law jurisdictions like Kenya?
A. Defense and prosecution may request for all information prepared the prosecution
B. The defence and prosecution counsel’s work product are protected
C. Both the prosecution and defence may request for all tangible evidence that will be produced in court
D. Disclosure of evidence is limited in criminal proceedings (1 mark)
26. Which one of the following statements is NOT ACCURATE in regard to authentication of exhibits in adversarial jurisdictions?
A. A witness is called to produce a document and presents evidence of the facts in issue
B. A witness called to produce a document is not a court witness
C. A person called to produce a document cannot be cross examined the defence counsel
D. A witness is called to produce a document cannot present evidence of the facts in issue (1 mark)
27. Which one of the following statements is NOT accurate in regard to exculpatory evidence?
A. Exculpatory evidence cannot be relevant to the facts in issue
B. Exculpatory evidence can be relevant to the facts in issue
C. Prosecution should include exculpatory evidence
D. Exculpatory evidence explains guilt away (1 mark)
28. Which one of the following statements is MOST accurate in regard to impeachment of expert witnesses in civil and common law jurisdictions?
A. Witnesses in both common law and civil law jurisdictions can be impeached on claims of lack of credibility
B. Witnesses in both common law and civil law jurisdictions cannot be impeached on claims of credibility
C. Witnesses in both common law and civil law jurisdictions can be impeached on claims of lack of expertise
D. Witnesses in common law jurisdictions can be impeached on claims of lack of personal knowledge
(1 mark)
29. Which one of the following statements is NOT accurate in regard to responding to counsel’s leading questions?
A. A witness should not respond to leading question
B. A witness should not respond to the leading questions accordingly
C. A witness should evade responding to leading questions
D. A witness should avoid answering leading questions (1 mark)
30. Which one of the following documents BEST describes the physical document that can be presented as real evidence?
A. Forged check
B. Accounting summaries
C. Bank statements
D. Expert opinion (1 mark)
31. Which one of the following statements BEST describes the counsel’s objective of providing a false sense of security?
A. To make the witness angry
B. To discredit the witness
C. To impeach the witness
D. To make them comfortable (1 mark)
32. Which one of the following statements BEST describes the expert testimony in adversarial jurisdictions? Expert testimony is a type of .
A. direct evidence
B. oral direct evidence
C. circumstantial evidence
D. expert opinion evidence (1 mark)
33. Which one of the following questions is NOT allowed during examination in chief?
A. Open ended questions
B. Narrative questions
C. Leading questions
D. Closed questions (1 mark)
34. Which one of the following jurisdictions BEST describes where the court discovers evidence before trial?
A. Civil law jurisdiction
B. Inquisitorial jurisdiction
C. Adversarial jurisdiction
D. None of the above (1 mark)
35. Which one of the following statements BEST describes strict liability in criminal proceedings?
A. The prosecution does not need to prove intent
B. The prosecution must prove intent because it is an essential element of prove in criminal proceedings
C. Strict liability requires evidence that is beyond reasonable doubts
D. None of the above (1 mark)
36. Which one of the following statements is NOT ACCURATE in regard to inculpatory evidence?
A. Inculpatory evidence tends to incriminate the accused person
B. Inculpatory evidence must be relevant to the facts in issue
C. If evidence is not inculpatory, it is not relevant to the facts in issue
D. None of the above (1 mark)
37. Which one of the following statements BEST describes the civil litigation process in a civil law jurisdiction?
A. It is divided into the pretrial stage and the trial stage
B. The presiding judge creates a word for word trial record of the proceeding
C. The trial judge generally rules on the admissibility of the evidence at the beginning of the trial
D. It involves continuous meetings and written correspondences (1 mark)
38. Which one of the following statements BEST describes pretrial civil discovery in most adversarial jurisdictions?
A. Pretrial written examinations
A. Injunctions
B. Requests for agreement
C. Indictments (1 mark)
39. Which one of the following statements is ACCURATE in regard to duty to preserve relevant evidence in civil trial in adversarial jurisdictions? The duty starts when .
A. litigation is reasonably anticipated
A. it is obvious litigation will take place
B. the defendant files a response
C. the plaintiff files pleadings (1 mark)
40. Which one of the following statements is ACCURATE in regard to request of information in civil fraud trials in common law jurisdiction?
A. A defendant may not request any information from the other party in pretrial civil litigation
A. A defendant will have to wait until trial commences to request for information
B. A defendant may request the information from the party through a written examination during pre-trial
C. A defendant may request for very limited information (1 mark)
41. Which one of the following concepts BEST describes the remedy before judgement in a civil litigation in common law jurisdictions?
A. Declaratory judgment
A. Injunctions
B. Equitable judgement
C. None of the above (1 mark)
42. Which one of the following statements is NOT accurate in regard to criminal justice system in common law and civil law jurisdictions?
A. Criminal justice system features a guilty plea agreement
B. A guilty plea is an oral direct testimonial evidence in criminal justice
C. Criminal justice system features written confession in civil law jurisdictions
D. A written confession is a direct testimonial evidence in civil law jurisdictions (1 mark)
43. Which one of the following statements is ACCURATE in regard to expert opinion in corruption civil suits?
A. An expert opinion must be in form of real evidence
B. An expert opinion is required in civil corruption suits
C. The expert witness must have direct personal knowledge of the facts in issue
D. Expert opinion is not required in any civil litigation (1 mark)
44. Which one of the following statements is ACCURATE in regard to evidence in civil trials in inquisitorial and adversarial jurisdictions? Written confession .
A. can be presented as direct evidence in inquisitorial civil court proceeding
B. cannot be presented as evidence in inquisitorial civil court proceeding
C. can be presented as evidence in adversarial civil court proceeding
D. cannot be presented as direct evidence in inquisitorial civil court proceeding (1 mark)
45. Which one of the following stages is the third phase of a criminal proceeding in Kenya jurisdictions?
A. The investigative phase
B. The trial phase
C. The examination phase
D. Sentencing phase (1 mark)
46. Which one of the following statements is ACCURATE in regard to prove of gross negligence in adversarial jurisdictions?
A. A court may appoint an expert to express an expert opinion on the expert opinion of the parties to the litigation expert testimony
B. A court cannot appoint an expert witness because witnesses are appointed the parties to the litigation
C. A court appointed expert provides circumstantial evidence in court
D. A court appointed expert provides direct testimonial evidence in court (1 mark)
47. Which one of the following statements BEST describes the standard of proof civil action in civil law jurisdiction?
A. The evidence must pass the test of reasonable doubts that might be presented the defenses
B. Evidence presented must be on balance of probability
C. Evidence is based on the inner conviction of the judge
D. Evidence presented must be less likely than not (1 mark)
48. Which one of the following statements is NOT accurate in regard to admission of evidence in adversarial jurisdictions like Kenya?
A. Direct evidence that are relevant to prove other facts related to the facts in issue cannot be admitted as exhibits
B. Exhibits that are relevant to the facts in issue can be admitted as direct evidence
C. Direct oral evidence a witness can be admitted as direct evidence
D. All types of direct evidence are exhibits (1 mark)
49. Which one of the following statements is NOT accurate in regard to waiver of legal litigation privileges?
A. The privilege will be waived if the client’s counsel shares privileged communications with a consulting expert
B. The privilege will be waived if the client intentionally shares privileged communications with a third party who has no legitimate interest in the matter
C. The privilege will be waived if the client accidently forwards an email with privileged information to third parties who have no need to know the information.
D. None of the above (1 mark)
50. Which one of the following statements is NOT accurate in regard to the rights of those accused of crime in regards to presenting their defence? A person accused of a crime .
A. has no right to question their own witness
B. has a right to cross examine the prosecution witness
C. has a right to question their own witness
D. can cross examine the prosecution witness after re-examination of the witness (1 mark)
SECTION II (50 MARKS)
51. (a) Explain THREE types of witnesses and their role in a fraud case being heard in a Kenyan court.
(6 marks)
(b) Explain TWO types of direct evidence in a fraud case. (4 marks)
(c) Explain THREE reasons why evidence may not be admissible in adversarial jurisdictions like Kenya.
(6 marks)
(d) Identify THREE types of evidence that are unreliable and therefore not admissible in adversarial jurisdictions. (3 marks)
(e) Identify ONE type of an exhibit in a fraudulent disbursements case. (1 mark)
(Total: 20 marks)
52. Explain the following trial processes in adversarial jurisdictions:
(a) Direct examination/examination in chief. (5 marks)
(b) Cross examination. (5 marks)
(c) Re-examination. (5 marks)
(Total: 15 marks)
53. Explain FIVE sections of an expert witness statement. (10 marks)
54. (a) Identify THREE types of witnesses who testify in court but cannot provide evidence in a court in Kenya.
(3 marks)
(b) Identify TWO types of court witnesses who cannot present oral direct evidence in a court of law in Kenya. (2 marks)
(Total: 5 marks)