CERTIFIED FORENSIC FRAUD EXAMINER (CFFE)
MODULE ONE
OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM
WEDNESDAY: 23 April 2025. Morning 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 the rights of those accused of crimes under the United Nations’ International Covenant on Civil and Political Rights?
A. An accused person is presumed liable if the evidence is beyond reasonable doubt
B. A person accused of a crime is not liable until proven guilty a court of law
C. A person accused of a crime has rights to be tried without undue delay
D. A person accused of a crime has rights to examine the defence witness (1 mark)
2. Which one of the following jurisdictions BEST describes the jurisdictions where the court discovers evidence during trial?
A. Civil law jurisdiction
B. Inquisitorial jurisdiction
C. Adversarial jurisdiction
D. None of the answers is correct (1 mark)
3. Which one of the following statements about questioning in trial proceedings is MOST ACCURATE in adversarial jurisdictions?
A. In adversarial jurisdictions, the questioning is conducted the parties to the litigation or criminal proceedings
B. In adversarial jurisdictions, the questioning is conducted the judge
C. In adversarial jurisdictions, the questioning is conducted both the judge and the parties to the litigation
D. None of the statements is applicable (1 mark)
4. Which one of the following statements is ACCURATE in regard to the strict burden of proof?
A. Strict burden of proof is a requirement in civil law jurisdiction court proceedings
B. Strict burden of proof is beyond reasonable doubts
C. In strict burden of proof, both parties to the litigation has the burden to provide evidence to prove their side of the case
D. Strict burden of proof is a requirement in both civil and common law jurisdictions court proceedings
(1 mark)
5. Jurisdiction to hear fraud and corruption cases in Kenya is with the .
A. corruption court
B. high court
C. court of appeal
D. commercial court (1 mark)
6. Which one of the following sources of law is a source of law in Kenya in fraud and corruption cases but is not commonly applied?
A. Fraud and corruption substantive laws
B. Common law
C. Fraud and corruption statutory laws
D. None of the answers is correct (1 mark)
7. Which one of the following laws is a source of law in fraud cases in inquisitorial jurisdictions?
A. Anti- corruption laws
B. Statutory laws
C. Codified principles
D. Procedural laws (1 mark)
8. Which one of the following statements is ACCURATE in regard to arbitration resolution in a fraud or corruption case?
A. An arbitrator can act as a judge in a fraud case
B. An arbitration cannot be binding
C. Arbitration and mediation are the same in a fraud case
D. Arbitration resolution cannot be used in a fraud or corruption case (1 mark)
9. Which one of the following trials or proceedings BEST describes a trial or a proceeding based on the same alleged facts?
A. Parallel proceedings
B. Countersuits proceedings
C. Criminal trial
D. Civil trial (1 mark)
10. Which one of the following parties is a fact finder in civil law jurisdictions?
A. Presiding judge
B. The trial judge
C. The parties to the litigation
D. The legal counsels (1 mark)
11. Which one of the following Kenyan laws sets the rules and procedures for fraud civil suits?
A. Substantive law
B. Civil Procedure Act
C. Criminal Procedure code
D. Procedural laws (1 mark)
12. Which one of the following statements BEST describes the role of the presiding judge in inquisitorial jurisdiction?
A. The presiding judge collects and documents evidence
B. The presiding judge hears and determines the evidence
C. The presiding judge can collect and determine the evidence
D. The presiding judge is a party to the litigation (1 mark)
13. Which one of the following Kenyan laws sets the rules and procedures followed in determining a financial crime?
A. Criminal Procedure Code
B. Civil Procedure Act
C. Anti-corruption and Economic Crimes Act
D. POCAMLA (1 mark)
14. Which one of the following laws is NOT a Kenya fraud and corruption substantive law?
A. Public Procurement and Assets Disposal Act
B. Evidence Act
C. Anti- Corruption and Economics Crimes Act
D. Bribery Act (1 mark)
15. Which one of the following laws is a substantive law?
A. Common law
B. Criminal Procedure Code
C. Case law
D. Civil Procedure Act (1 mark)
16. Which one of the following statements is ACCURATE in regard to international conventions and treaties?
A. They are rules and policies observed nations
B. They are substantive laws
C. They are procedural laws
D. None of the answers is correct (1 mark)
17. Which one of the following statements is NOT accurate in regard to the discovery of evidence in adversarial jurisdictions?
A. The discovery of evidence occurs in the pre-trial phase of the court proceeding
B. The discovery of evidence is conducted during trial
C. The discovery is driven the parties to the litigation prosecution
D. None of the statements is applicable (1 mark)
18. Which one of the following statements is ACCURATE in regard to the standard of proof in criminal and civil cases in both common and civil law jurisdictions?
A. The standard of proof in fraud civil trials in adversarial jurisdictions is higher than the standard of proof in civil trials in inquisitorial jurisdictions
B. The standard of proof in fraud civil trials in adversarial jurisdictions depends on the weight of evidence
C. The standard of proof in fraud civil trials in adversarial jurisdictions is lower than the standard of proof in inquisitorial jurisdictions
D. The standard of proof in fraud civil trials in adversarial jurisdictions depends on the inner conviction of the judge (1 mark)
19. Which one of the following parties would file an appeal application against liability?
A. A defendant
B. Plaintiff
C. Prosecution
D. Criminal defendant (1 mark)
20. Which one of the following parties would file an appeal application against inadequate compensation?
A. A criminal defendant
B. A defendant
C. Plaintiff
D. Prosecution (1 mark)
21. Which one of the following statements BEST describes the procedure of presenting evidence in criminal proceedings in adversarial jurisdictions?
A. The prosecution presents the evidence first
B. The presiding judge presents the evidence first
C. The criminal defendant presents the evidence first
D. None of the answers is correct (1 mark)
22. Which one of the following statements BEST describes the civil litigation procedure of presenting evidence in civil law jurisdictions?
A. The presiding judge presents plaintiff’s evidence first
B. The plaintiff presents the evidence first
C. The defendant presents the evidence first
D. The prosecution presents the evidence first (1 mark)
23. Which one of the following statements is ACCURATE in regard to establishing the facts of a case in a criminal proceeding with the court?
A. The criminal defendant presents the facts of the case to support their side
B. The prosecution presents the facts of the case to support the charges
C. The defendant presents the facts of the case to support their side
D. The plaintiff presents the facts of the case to support their side (1 mark)
24. Which one of the following laws is the main source of law in fraud and corruption cases?
A. Substantive law
B. Statutory law
C. Common law
D. Anti-Corruption and Economic Crimes Act (1 mark)
25. Which one of the following statements is ACCURATE in regard to dispute resolution and legal action in fraud cases?
A. Fraud is a criminal offence but can be tried concurrently through an arbitration and civil legal action
B. Fraud is a criminal offence but can be tried concurrently through a binding arbitration and civil litigation
C. Fraud is a criminal offence but can be determined through a binding arbitration and the arbitrator’s decision is final
D. None of the answers is accurate (1 mark)
26. Which one of the following statements BEST explains why the burden of proof in common law rests with the prosecution?
A. In the common law, whoever alleges has the burden to prove the allegation
B. In the common law, the accused person has the burden to prove that they did not commit the offence
C. In the common law, whoever is seeking compensation has the burden to prove the case
D. None of the answers is accurate (1 mark)
27. Which one of the following is an element of jurisdiction in relation to court proceedings?
A. Jury’s panel qualification
B. Burden of proof
C. Standard of proof
D. None of the answers is accurate (1 mark)
28. In which jurisdiction are judges bound codified principles and apply previous decisions to determine the case?
A. Adversarial jurisdictions
B. Inquisitorial jurisdictions
C. Federal legal systems
D. None of the answers is accurate (1 mark)
29. Which one of the following statements is NOT accurate in regard to civil and common law legal systems application of laws?
A. In common law, legal systems judges can only apply statutes created the legislature
B. In civil law, legal systems judges are not bound legal principles
C. Judges in civil law legal systems can use court precedent to interpret codified statutes
D. In common law legal systems judges can apply legal principles (1 mark)
30. Which one of the following is NOT required to be proven in cases of strict liability?
A. Intent
B. The criminal defendant’s conduct
C. The motive for committing the offence
D. Relevant facts to the facts in issue (1 mark)
31. Which one of the following statements is ACCURATE in regard to criminal proceedings in a corruption trial in Kenya jurisdictions?
A. The standard of proof is lower than that of other criminal offences
B. The burden of proof rests with both the prosecution and the criminal defendant
C. Proving corruption cases is harder than that of other typical crimes
D. The standard of proof is the same as those in the inquisitorial jurisdictions (1 mark)
32. Which one of the following parties presents closing arguments first during a fraud criminal proceeding in adversarial law jurisdictions?
A. Judge
B. Prosecution
C. Criminal defendant
D. Defendant (1 mark)
33. Which one of the following systems is the justice process of determining civil fraud cases?
A. Bargaining agreements
B. Prosecution discretion
C. Civil legal system
D. Civil justice system (1 mark)
34. Which one of the following laws is NOT a written law?
A. Common law
B. Procedural law
C. Substantive law
D. Case Law (1 mark)
35. Which one of the following Kenyan laws is a substantive law that can be applied in a bribery case?
A. Evidence Act
B. Bribery Act, 2016
C. Anti-corruption and Economic Crimes Act, 2003
D. Criminal Procedure Code (1 mark)
36. Which one of the following is NOT a right associated with fair hearing in adversarial jurisdiction?
A. The right to be charged without undue delay
B. The right against confession
C. The right to be represented legal counsel
D. The right to privacy (1 mark)
37. Which one of the following statements is ACCURATE in regard to the appointment of witnesses in criminal proceedings in Kenya?
A. Witnesses are appointed the judge
B. Witnesses are appointed the prosecution and the criminal defendant
C. Witnesses are appointed the prosecution
D. Witnesses are appointed the criminal defendant (1 mark)
38. Which one of the following terms BEST describes a person charged with a criminal offence?
A. Criminal defendant
B. A suspect
C. A defendant
D. Criminal (1 mark)
39. Which one of the following parties appoints an expert witness to express an opinion on another expert’s opinion in a criminal proceeding in the Kenyan jurisdictions?
A. The court
B. The parties to the litigation
C. The prosecution
D. The criminal defendant (1 mark)
40. Which one of the following BEST describes the parties to a civil proceeding who appeals against compensation remedy?
A. Plaintiff
B. Defendant
C. Criminal defendant
D. Both the plaintiff and the defendant (1 mark)
41. Which one of the following statements is NOT accurate in regard to written legal principles?
A. Legal written principles are substantive law
B. Legal written principles are statutory law
C. Legal written principles cannot be applied in civil law jurisdictions
D. Legal written principles are not codified principles (1 mark)
42. Which one of the following statements is NOT accurate in regard to court precedent laws?
A. The common law and case law are both court precedent laws
B. Both common law and case law cannot be applied in fraud cases
C. Both common law and case law are written laws
D. Case law is not a written law (1 mark)
43. Which one of the following Kenyan laws can be applied in a case of concealment of financial information of a government ministry?
A. Public Finance Management Act
B. Anti- Corruption and Economics Act
C. Criminal procedure Code
D. Finance Management Act (1 mark)
44. Which one of the following laws provides guidance on how an economic crime trial will be determined in the Kenyan jurisdictions?
A. Evidence Act
B. Civil Procedure Act
C. Anti- Corruption and Economics Act
D. Criminal procedure Code (1 mark)
45. Which one of the following Kenyan laws criminalise abuse of office?
A. Penal Code
B. Bribery Act, 2016
C. Anti-Corruption and Economics Act
D. Criminal procedure Code (1 mark)
46. Which one of the following parties conduct the questioning of witnesses during trial in fraud criminal proceedings in civil law jurisdictions?
A. The trial judge
B. The parties to the litigation
C. The prosecution
D. Presiding judge (1 mark)
47. Which one of the following statements BEST describes the standard of proof for civil cases in adversarial jurisdictions?
A. The standard of proof is higher than inner conviction of the judge
B. The standard of proof is based on the weight of evidence
C. The standard of proof is lower than inner conviction of the judge
D. The standard of proof is less probable that the offence occurred (1 mark)
48. Which one of the following statements BEST describes the purpose of bargaining agreement in inquisitorial jurisdictions?
A. It is for defendant to plead guilty
B. It is for the defendant to submit a written confession
C. It is for the defendant to make an admission
D. It is for the defendant to plead not guilty (1 mark)
49. Which one of the following parties to a civil litigation can appeal against civil judgement?
A. Suspect
B. Defendant
C. Criminal defendant
D. Prosecution (1 mark)
50. Which one of the following court processes BEST describes how the defence support their side of their case in the common law jurisdiction?
A. Cross-examination
B. Re-examination
C. Oral examination
D. Direct examination (1 mark)
SECTION II (50 marks)
51. In relation to criminal fraud court proceedings in adversarial jurisdictions, explain the following legal terminologies:
(a) Discovery of evidence. (5 marks)
(b) Standard of proof. (5 marks)
(c) Burden of proof. (5 marks)
(d) Parties to the criminal proceedings. (5 marks)
(Total: 20 marks)
52. In relation to the types of laws:
(a) Identify FIVE laws related to substantive fraud. (5 marks)
(b) Identify FIVE types of procedural laws. (5 marks)
(c) Identify FIVE laws that are both substantive and administrative. (5 marks)
(Total: 15 marks)
53. In relation to bargaining agreements:
(a) Explain FIVE elements of guilty plea in adversarial jurisdiction. (5 marks)
(b) Explain FIVE elements of written confessions in inquisitorial jurisdiction. (5 marks)
(Total 10 marks)
54. Explain the difference between court proceedings in a court of appeal in “common law jurisdictions” and “civil law jurisdictions”.
(Total: 5 marks)
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