CERTIFIED FORENSIC FRAUD EXAMINER (CFFE)
MODULE ONE
OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM
TUESDAY: 19 August 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 ACCURATE with regard to fair hearing for those accused of crimes under the International Covenant on Civil and Political Rights?
A. A person accused of a crime is presumed innocent until proven guilty
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 right to be tried without undue delay
D. A person accused of a crime has right to examine the prosecution witness (1 mark)
2. Which one of the following BEST describes the adversarial judicial process?
A. The adversarial process restricts discovery of any evidence in criminal cases
B. The adversarial process is non-confrontational
C. The judge acts as a referee between the parties to the litigation
D. Both parties to the litigation have a burden to prove their side of the case (1 mark)
3. Which one of the following statements is the MOST accurate in regard to the role of the judge or jury in common law jurisdictions?
A. One of the roles of the judge is to conduct question of the parties during trial
B. The role of the judge is to discover evidence before trial and determine the evidence during trial
C. The role of the judge is to determine the evidence presented before the court the parties to the litigation
D. One of the roles of the judges is to appoint the court witnesses (1 mark)
4. In inquisitorial court proceedings .
A. the defence cannot cross examine the court witnesses
B. the discovery of evidence is conducted the parties to the court proceedings
C. the discovery of evidence is conducted only during the investigation phase
D. the presiding judge has the burden of proof because he drives the discovery of the evidence (1 mark)
5. Which one of the following statements is ACCURATE in regard to fraud and corruption cases in Kenya?
A. Jurisdiction to hear fraud and corruption cases in Kenya is only with the anti-corruption
B. Jurisdiction to hear fraud and corruption cases in Kenya is with the court of appeal
C. Jurisdiction to hear fraud and corruption cases in Kenya is with the commercial court
D. None of the above (1
mark)
6. Which one of the following statements is NOT accurate in regard to the bodies of law?
A. Common law is not a substantive law
B. Criminal Procedure Code is both a procedural and substantive law
C. Common law is a substantive law
D. Procedural law is generally not a substantive law (1 mark)
7. Which one of the following bodies of law is the MAIN source of law for fraud cases in the Kenyan jurisdictions?
A. Legal Principles
B. Common law
C. Codified principles
D. Written statutes (1 mark)
8. Which one of the following statements is ACCURATE in regard to alternative dispute resolution in a fraud case?
A. An arbitrator cannot act as a judge in a fraud case because fraud is a criminal offence
B. An arbitration cannot be binding in a fraud case because fraud is a criminal offence
C. Arbitration alternative dispute resolution cannot be used in a fraud or corruption case
D. Arbitration alternative dispute resolution can be used in a fraud case (1 mark)
9. Which one of the following BEST describes several court proceedings based on the same facts in issue?
A. Civil and criminal proceedings
B. Countersuits proceedings
C. Criminal and civil justice systems
D. None of the above (1 mark)
10. Which one of the following parties determines evidence in inquisitorial jurisdictions?
A. Presiding judge
B. The trial judge
C. The parties to the litigation
D. The Jury (1 mark)
11. Which one of the following Kenyan laws sets the rules of how individual fraud civil litigation will be determined?
A. Procedural law
B. Civil procedure Act
C. Criminal procedure code
D. Civil procedure code (1 mark)
12. Which one of the following BEST describes the role of the trial judge in civil jurisdiction? The trial judge
.
A. collects evidence, documents evidence and determine evidence
B. determines the evidence presented the presiding judge
C. determines the evidence presented the parties to the litigation
D. is a party to the litigation (1 mark)
13. Which one of the following Kenyan laws sets the rules and procedures to be followed in determining economic crimes?
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 a financial crime law?
A. Public Procurement and Assets Disposal
B. Anti- Corruption and Economics Crimes Act
C. Bribery Act
D. None of the above (1 mark)
15. Which one of the following statements does NOT describe common law?
A. Common law is a substantive law
B. Common law is a body of legal principles
C. Common law is a source of law in common law jurisdictions
D. Common law is a body of legal statutes (1 mark)
16. Which one of the following statements is NOT accurate in regard to the trial process in adversarial jurisdictions?
A. The discovery of evidence occurs during the pre-trial phase of the court proceeding
B. The trial process commences during trial after the discovery of evidence
C. The trial process commences during pre-trial
D. The court discovers evidence during the trial phase (1 mark)
17. Which one of the following statements is ACCURATE in regard to the trial of fraud offences?
A. The standard of proof in fraud civil trials in adversarial jurisdictions is higher than the civil trials in inquisitorial jurisdictions
B. The standard of proof in fraud civil trials in adversarial jurisdictions is inner conviction of the judge
C. The burden of proof in civil trials in both civil and common law jurisdictions is with parities to the litigation
D. None of the above (1 mark)
18. Which one of the following BEST describes remedy sought after an award of damages in fraud trial?
A. Compensation damages
B. Declaratory damages
C. Equitable remedy
D. Injunction remedy (1 mark)
19. Which one of the following parties would file an appeal application against liability?
A. A criminal defendant
B. A defendant
C. Plaintiff
D. Prosecution (1 mark)
20. Which one of the following parties to a fraud criminal proceeding in adversarial jurisdiction present their evidence last?
A. The prosecution
B. The criminal defendant
C. Plaintiff
D. Defendant (1 mark)
21. Which one of the following parties to civil litigation in inquisitorial jurisdiction present their closing arguments first?
A. The presiding judge
B. The defendant
C. The plaintiff
D. None of the above (1 mark)
22. Which one of the following statements is ACCURATE in regard to determining the facts in issue in a criminal proceeding in common law jurisdictions?
A. The prosecution determines the facts in issue
B. The criminal defendant determines the facts in issue
C. The judge or jury determines the facts in issue
D. The criminal defendant determines the facts in issue (1 mark)
23. Which one of the following body of laws is the source of law in fraud and corruption cases in civil law jurisdictions?
A. Substantive law
B. Legal principles
C. Procedural law
D. Codified principles (1 mark)
24. Which one of the following statements is ACCURATE in regard to alternative dispute resolution and legal trial in fraud and corruption offences?
A. Fraud is a criminal offence but can be tried parallel through mediation and civil legal suit
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 cannot be tried parallel through a binding arbitration and civil trial
D. Fraud is a criminal offence but cannot be tried parallel through any alternative dispute resolution (1 mark)
25. Which one of the following statements BEST explains why the burden of proof in civil law jurisdiction of strict liability? Because the standard of proof .
A. is the inner conviction of the judge
B. is lower than that in the common law jurisdiction
C. is higher than that in the common law jurisdiction
D. is the same for civil and criminal cases (1 mark)
26. Which one of the following BEST describes legal jurisdiction in most common law jurisdictions?
A. Where the claim arose
B. Where the plaintiff resides
C. Where the defendant is arrested
D. Where the court finds convenient (1 mark)
27. In which jurisdiction are judges bound codified principles and use previous decisions to interpret the law?
A. Adversarial jurisdictions
B. Inquisitorial jurisdictions
C. Federal legal systems
D. Common law jurisdictions (1 mark)
28. Which one of the following statements is NOT accurate in regard to civil and common law jurisdictions in regard to determining fraud and corruption offences?
A. In common law jurisdictions, judges can only apply legal statutes
B. In civil law jurisdictions, judges are not bound legal principles
C. Judges in civil jurisdictions can use court precedent to interpret codified statutes
D. In common law jurisdictions, judges can apply both legal statues and legal principles (1 mark)
29. Which one of the following is NOT required to prove corruption and bribery offences in Kenya?
A. Knowledge that the criminal defendant was aware that they were committing an offence
B. The criminal defendant’s involvement in the offence
C. The criminal defendant motive for committing the offence
D. The legal element that constitutes the alleged offence (1 mark)
30. Which one of the following statements is ACCURATE in regard to criminal proceedings in a fraud trial in Kenya jurisdictions?
A. The standard of proof is higher than that of other criminal offences
B. The burden of proof rests with both the prosecution and the criminal defendant
C. The presiding judge has the duty to prove each side’s facts of the case
D. The trial judge discovers the evidence during trial (1 mark)
31. Which one of the following parties to a civil litigation in a fraud case presents closing arguments first?
A. Judge
B. Presiding judge
C. Criminal defendant
D. Defendant (1 mark)
32. Which one of the following is a trial process in a civil fraud offence?
A. Bargaining agreements
B. Prosecution discretion
C. Discovery and disclosure of evidence during pre-trial
D. Conviction (1 mark)
33. Which one of the following laws is a court precedent that judges use to interpret the law?
A. Common law
B. Procedural law
C. Case law
D. Codified principles (1 mark)
34. Which one of the following written laws could be applied in a corruption case in Kenya?
A. Evidence Act
B. Criminal Procedure Act
C. Common law
D. Codified principles (1 mark)
35. Which one of the following is NOT a right for those accused of crimes?
A. The right to be charged without undue delay
B. The right against confession
C. The right to be represented legal counsel
D. To keep the proceedings and results of the case confidential (1 mark)
36. Which one of the following statements is ACCURATE in regard to the appointment of witnesses the court in adversarial jurisdictions like Kenya?
A. Witnesses for the parties to the court proceedings are appointed the court
B. The court can appoint a prosecution expert witness to help the court interpret the facts of the case
C. The court can appoint an expert witness to express an opinion on another expert’s testimony
D. Courts cannot appoint an expert witness because expert witnesses are appointed the parties to court proceedings (1 mark)
37. Which one of the following BEST describes a person convicted of a criminal offence?
A. Criminal defendant
B. A suspect
C. A defendant
D. Criminal (1 mark)
38. Which one of the following witnesses CANNOT present evidence in court in adversarial jurisdictions?
A. An eye witness
B. An expert witness appointed the parties to the litigation
C. A court appointed expert witness
D. A corroborative witness (1 mark)
39. Which one of the following BEST describes the parties to an appeal civil proceeding?
A. Plaintiff and a defendant
B. Plaintiff and the prosecution
C. Criminal defendant and the plaintiff
D. Plaintiff and the judge (1 mark)
40. Which one of the statements is NOT accurate in regard to codified principles? Codified principles are
.
A. statutory laws
B. substantive laws
C. legal principles
D. written laws (1 mark)
41. Which one of the following statements is NOT accurate in regard to common and case laws?
A. Both common law and case law are both court decision laws
B. Both common law and case law are substantive laws and can be applied in fraud cases
C. Both common law and case law are bodies of legal principles
D. Case law is not a body of legal principles (1 mark)
42. Which one of the following Kenyan laws is both substantive and administrative law?
A. Evidence Act
B. Anti- Corruption and Economics Act
C. Criminal procedure Code
D. Civil procedure Act (1 mark)
43. Which one of the following laws would be applied in a procurement fraud where goods are not supplied but payments are made in the Kenyan jurisdiction?
A. Public Procurement and Assets Disposal Act
B. Bribery Act,2016
C. Anti- Corruption and Economics Act
D. Penal Code (1 mark)
44. Which one of the following Kenyan laws criminalises conspiracy?
A. Bribery Act,2016
B. Anti- Corruption and Economics Crimes Act
C. Criminal procedure Code
D. Public Procurement and Assets Disposal Act (1 mark)
45. Which one of the following parties conduct the questioning of witnesses in criminal and civil proceeding in adversarial jurisdictions like Kenya?
A. The trial judge
B. The parties to the litigation
C. The prosecution
D. The presiding judge (1 mark)
46. Which one of the following statements is ACCURATE in regard to bargaining agreement in civil law jurisdictions?
A. Bargaining agreement is not used at all in civil law jurisdiction
B. Bargaining agreement is commonly used in civil law jurisdiction
C. The objective of bargaining agreement is to obtain a guilty plea from the criminal defendant
D. The objective of bargaining agreement is to obtain a confession from the criminal defendant (1 mark)
47. Which one of the following parties to a criminal proceeding could appeal against a conviction judgement?
A. Suspect
B. Criminal
C. Criminal defendant
D. Prosecution (1 mark)
48. Which one of the following BEST describes how a criminal defendant defend the allegation against them?
A. Cross-examining the evidence presented the prosecution
B. Re-examining the evidence presented the prosecution
C. Oral examination of the prosecution witness
D. Direct examination of the evidence presented the prosecution (1 mark)
49. Which one of the following statements is NOT accurate in regard to civil court proceedings where the plaintiff and defendant are parties to two different suits?
A. Civil countersuits are based on the same facts in issue
B. Civil countersuits are based on separate facts in issue
C. A defendant in a civil trial can be a plaintiff in another civil trial
D. A plaintiff in a civil trial can be a defendant in another civil trial (1 mark)
50. Which one of the following statements is ACCURATE in regard to judicial jurisdictions?
A. In inquisitorial jurisdictions, serious criminal prosecutions are tried juries
B. Inquisitorial jurisdictions allow jury trial in serious civil litigations
C. Inquisitorial jurisdictions juries conduct trial in all criminal prosecutions
D. Inquisitorial jurisdictions juries conduct trial in both serious criminal prosecutions and civil litigations
(1 mark)
SECTION II (50 MARKS)
51. Explain the following criminal fraud court proceeding in adversarial jurisdictions in criminal trials:
(a) Deferred prosecution. (5 marks)
(b) Bargaining agreement in civil law jurisdictions. (5 marks)
(c) Bargaining agreement in common law jurisdictions. (5 marks)
(d) Prosecution discretion. (5 marks)
(Total: 20 marks)
52. In relation to the types of laws:
(a) Discuss THREE substantive and administrative laws related to fraud. (9 marks)
(b) Describe ONE law that is substantive but not statutory. (3 marks)
(c) Describe ONE law that is neither substantive nor statutory. (3 marks)
(Total: 15 marks)
53. Explain FIVE elements of fair hearing for those accused of crimes under the International Covenant on Civil and Political Rights (ICCPR). (Total: 10 marks)
54. In relation to fraud cases:
(a) Identify THREE justice systems that could be applied parallel in a fraud case. (3 marks)
(b) Enumerate TWO methods of resolving a fraud offence that cannot be applied parallel with other justice systems. (2 marks)
(Total: 5 marks)
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