CERTIFIED FORENSIC FRAUD EXAMINER (CFFE)
MODULE ONE
OVERVIEW OF THE LEGAL AND JUSTICE SYSTEM
TUESDAY: 2 December 2025. Morning Paper. Time Allowed: 3 hours.
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. Answer ALL questions. 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 presumption of innocence? Presumption of innocence .
A. helps to uphold legal ethical standards
B. helps to avoid prejudice
C. requires collection of exculpatory evidence only
D. helps to avoid legal liability (1 mark)
2. Which one of the following DOES NOT describe why common law legal system is adversarial?
A. The discovery of the opposing side’s evidence before it is presented in court
B. The cross examination of the witnesses during trial
C. The burden of proof is with the party that alleges
D. The standard of proof is beyond reasonable doubt (1 mark)
3. Which one of the following statements is NOT ACCURATE in regard to why a fraud victim may prefer to take a fraud case to court as civil suit?
A. To avoid negative publicity
B. To recover lost resources through civil remedy
C. To avoid cross examination featured in criminal trials
D. Because the standard of proof is lower than that of criminal trials (1 mark)
4. Which one of the following statements is ACCURATE in regard to civil jurisdictions civil trials? In inquisitorial court proceedings, .
A. the defence can cross examine the court witnesses
B. the discovery of evidence is conducted the parties to the court proceedings
C. the discovery of evidence involves a series of meetings
D. the presiding judge has the burden of proof (1 mark)
5. Which one of the following statements is ACCURATE in regard to fraud civil trials in the Kenyan jurisdiction?
A. Jurisdiction to try fraud civil cases is with the anti-corruption court
B. The standard of proof in fraud civil trials must be more convincing than just balance of probability
C. The burden of proof in civil trials swift to the civil defendant
D. The standard of proof in fraud civil trials is more probable than not (1 mark)
6. Which one of the following statements is NOT ACCURATE in regard to the law of legal principles? Common law is a body of legal principles .
A. and therefore, not a substantive law
B. but also, a substantive law
C. made of court previous decisions
D. and is a written law (1 mark)
7. Which one of the following is the criminal law in Kenyan jurisdictions?
A. Common law
B. Codified principles
C. Criminal procedure code
D. Penal code (1 mark)
8. Which one of the following statements is ACCURATE in regard to resolving fraud cases? Fraud cases .
A. can only be resolved through legal judicial processes
B. cannot be resolved through quasi-judicial courts
C. are best resolved through parallel proceedings
D. can be resolved through arbitration but not mediation (1 mark)
9. Which one of the following statements is ACCURATE in regard to criminal and civil justice systems in adversarial jurisdiction?
A. The burden of proof is with both parties to the court proceedings
B. The standard of proof is the same in both justice systems
C. The criminal justice system has three phases and civil justice has two phases of a trial process
D. Both justice systems have three phases of a trial processes (1 mark)
10. Which of the following are parties to a litigation in civil law jurisdictions in criminal trials?
A. The presiding judge and the trial judge
B. The presiding judge and the parties to the litigation
C. The prosecution and the criminal defendant
D. The prosecution and the parties to the litigation (1 mark)
11. Which one of the following BEST describes the purpose of Civil Procedure Act?
A. To provide rules and procedures in civil justice system in Kenya jurisdiction
B. To provide rules and procedures in the Kenya legal system
C. To provide rules and procedures to apply in a civil suit
D. To define civil offences and punishment for civil wrongs (1 mark)
12. Which one of the following parties in inquisitorial jurisdictions drive the discovery of evidence and also determine the evidence?
A. Parties to the litigation and the trial judge
B. Parties to the litigation and the presiding judge
C. The court
D. The presiding judge and the parties to the litigation (1 mark)
13. Which one of the following Kenyan laws sets the rules and procedures for determining serious fraud civil cases in Kenya?
A. Criminal Procedure Code
B. Civil Procedure Act
C. Anti-corruption and Economic Crimes Act
D. Penal Code (1 mark)
14. Which one of the following laws can an executive officer of a public company be prosecuted under in relation to abusing their office?
A. Public Procurement and Assets Disposal
B. Anti-Corruption and Economics Crimes Act
C. Penal Code
D. Several laws depending on the offence committed (1 mark)
15. Which one of the following is NOT a substantive Kenyan law related to fraud and corruption?
A. Common law
B. Penal Code
C. Criminal Procedure Code
D. Bribery Act (1 mark)
16. Which one of the following statements is NOT ACCURATE in regard to criminal court proceedings in adversarial jurisdictions?
A. The discovery of evidence occurs during the pre-trial phase
B. The trial process commences during trial
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 MOST ACCURATE in regard to standard of proof threshold in civil trials in both inquisitorial and adversarial jurisdictions?
A. The standard of proof in fraud civil trials in adversarial jurisdictions is higher than civil trials in inquisitorial jurisdictions
B. The standard of proof in fraud civil trials in adversarial jurisdictions require higher degree of probability
C. The standard of proof in fraud civil trials in both civil and common law jurisdictions is the same
D. The standard of proof in fraud civil trials in common law jurisdictions require higher standard of proof than balance of probability (1 mark)
18. Which one of the following statements is ACCURATE in regard to equitable remedy?
A. Equitable remedy is awarded the court of appeal
B. Equitable remedy is awarded the high court
C. A plaintiff can appeal for equitable remedy if a court rule in favour of the defendant
D. A defendant can appeal for equitable remedy if a court rule in favour of the plaintiff (1 mark)
19. Which one of the following parties would file an appeal application against damages remedy?
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 common law jurisdiction present evidence after examination in chief?
A. The prosecution
B. The criminal defendant
C. Plaintiff
D. Defendant (1 mark)
21. Which one of the following statements is ACCURATE in regard to determining evidence in serious criminal trials in civil law jurisdiction?
A. The prosecution determines the evidence
B. The criminal defendant determines the evidence
C. A panel of lay judges and legal professional judges
D. The judge determines the evidence (1 mark)
22. Which one of the following is NOT the main law applied in either bribery, financial or corruption cases in Kenya?
A. Penal Code
B. Bribery Act
C. Anti-Corruption and Economic Crimes Act
D. POCAMLA (1 mark)
23. Which one of the following statements is ACCURATE in regard to legal judicial proceedings in fraud cases? Alternative dispute resolutions are .
A. legal proceedings that can be used to resolve fraud case
B. not legal proceedings and therefore cannot be enforced the court
C. not legal proceedings therefore their decisions cannot be binding
D. not legal proceedings but are recognised the law (1 mark)
24. Which one of the following statements is ACCURATE in regard to proof of strict liability?
A. Both parties to legal proceedings have burden to prove their case
B. The party that alleges has the burden of proof
C. The burden of proof is confrontational
D. Adversarial jurisdictions feature proof of strict liability (1 mark)
25. Which one of the following elements determine jurisdiction in adversarial legal systems?
A. Where the plaintiff resides
B. Where the offence occurred
C. Where the defendant finds comfortable
D. Where the court finds convenient (1 mark)
26. In which jurisdiction do judges use previous court decisions to interpret the law but do apply the court precedents?
A. Common law jurisdictions
B. Inquisitorial jurisdictions
C. Federal legal jurisdictions
D. Civil justice jurisdictions (1 mark)
27. Which one of the following statements is NOT accurate in regard to beyond reasonable doubt standard of proof?
A. Beyond reasonable doubt standard of proof is highest standard of proof
B. The defence can make evidence not to be beyond reasonable doubts creating doubts on the evidence
C. The defence can make evidence not to be beyond reasonable doubts creating reasonable doubts on the evidence
D. It is easy for defence to create reasonable doubts on circumstantial evidence (1 mark)
28. Which one of the following is NOT a legal requirement to prove bribery in a Kenyan Anti-corruption court?
A. The criminal defendant knew that they were engaging in bribery
B. The criminal defendant received or paid a bribe
C. The method used to pay the bribe
D. The quantifiable amount of the bribe (1 mark)
29. Which one of the following DOES NOT feature in a civil fraud trial?
A. Summary judgement
B. Conviction
C. Discovery of evidence
D. Disclosure of evidence (1 mark)
30. Which one of the following laws is a court precedent that judges use to interpret the law in Kenya?
A. Common law
B. Procedural law
C. Case law
D. Codified principles (1 mark)
31. Which one of the following court precedent laws is NOT a written law?
A. Common law
B. Case law
C. Procedural law
D. Codified principles (1 mark)
32. Which one of the following is NOT a right of a criminal defendant in criminal justice system? The right .
A. to be charged without undue delay
B. against confession
C. to be represented legal counsel
D. not to be cross examined prosecution (1 mark)
33. Which one of the following statements is ACCURATE in regard to jury trial? Juries .
A. cannot act as a judge and therefore cannot determine evidence
B. cannot determine evidence in a criminal trial
C. act as a judge and determine evidence in criminal trial
D. are not part of the judicial system (1 mark)
34. Which one of the following BEST describes an individual being investigated for a criminal offence?
A. Criminal defendant
B. A suspect
C. A defendant
D. A criminal (1 mark)
35. Which one of the following parties conduct questioning of witnesses in common law legal systems?
A. The trial judge
B. The parties to the litigation
C. The legal counsels
D. The presiding judge (1 mark)
36. Which one of the following statements is ACCURATE in regard to civil appeals in Kenyan jurisdiction?
A. Only the defendant can appeal against adverse judgement
B. Both the defendant and the plaintiff cannot appeal against adverse judgement
C. The defendant can appeal against adverse judgement and the plaintiff for equitable remedy
D. Only the losing party can appeal for fair judgement (1 mark)
37. Which one of the following statements is MOST ACCURATE in regard to case law? Case law .
A. is substantive law because it constitutes legal principles
B. is not a substantive law but constitutes legal principles and rules of court decisions
C. is similar to common law and is also written law
D. is a body of legal rules and procedures and therefore a procedural law (1 mark)
38. Which one of the following Kenyan laws is NOT administrative?
A. Public Procurement and assets Disposal Act
B. Anti- Corruption and Economics Act
C. Penal Code
D. Bribery Act (1 mark)
39. Which one of the following substantive laws have defined an attempt to commit a crime as offence even if the crime was not completed?
A. Bribery Act, 2016
B. Anti- Corruption and Economics Crimes Act
C. Criminal procedure Code
D. Public Procurement and Assets Disposal Act (1 mark)
40. Which one of the following statements is ACCURATE in regard to criminal proceedings in Kenyan jurisdiction?
A. The trial judge discover evidence before trial
B. The parties to the criminal proceedings have the burden of proof
C. The criminal defendant has the burden of proof
D. The prosecutor should present both inculpatory and exculpatory evidence (1 mark)
41. Which one of the following statements is ACCURATE in regard to disposal of criminal cases?
A. It is common for fraud and corruption criminal defendants to enter in a bargaining agreement
B. A bargaining agreement is not a preferred method of disposing criminal cases in common law jurisdictions
C. A bargaining agreement is not an effective and efficient method of disposing criminal cases
D. It is not common for fraud and corruption criminal defendants to enter into a bargaining agreement
(1 mark)
42. Which one of the following statements is NOT ACCURATE in regard to civil and criminal justice systems in adversarial jurisdiction?
A. The standard of proof is different in civil and criminal justice systems
B. The burden of proof is different in civil and criminal justice system
C. Appeal applications feature in both civil and criminal justice
D. The parties to the litigation are different in civil and criminal justice system (1 mark)
43. Which one of the following parties to a court proceeding conducts cross examination of the prosecution witness?
A. Defence counsel
B. Prosecution counsel
C. Criminal defendant
D. Defendant (1 mark)
44. Which one of the following statements is ACCURATE in regard to the burden of proof in civil litigation in common law jurisdiction?
A. Both parties to a civil litigation have the burden of proof
B. The burden of proof in civil cases shift to the civil defendant
C. The burden of proof is with the party that made the civil claim
D. The burden of proof is with the presiding judge (1 mark)
45. Which one of the following is NOT an examination of the trial phase in common law jurisdiction?
A. Cross-examination
B. Re-examination
C. Oral examination
D. Direct examination (1 mark)
46. Which one of the following is NOT an activity of the pre- trial phase in adversarial jurisdictions?
A. Discovery of evidence to support the parties’ sides of their case
B. Discovery of evidence from each other
C. Conducting oral examination
D. Discovery of all information that will be used in court the opposing party (1 mark)
47. Which one of the following parties have the duty to preserve evidence in civil trials in adversarial jurisdictions like Kenya?
A. The court
B. The plaintiff
C. The parties to the civil litigation
D. Civil defendant (1 mark)
48. Which one of the following laws is NOT a procedural law?
A. Evidence Act
B. Civil Procedure Act
C. Criminal Procedure Act
D. POCAMLA (1 mark)
49. Which one of the following is NOT ACCURATE in regard to civil summary judgement?
A. A plaintiff cannot appeal against a summary judgement
B. A defendant can appeal against a summary judgement
C. A plaintiff can appeal against summary judgement
D. Both the plaintiff and defendant can appeal against summary judgement (1 mark)
50. Which one of the following is a trial process phase in civil law legal system?
A. Investigation
B. Cross examination
C. Re-examination
D. Pre-trial (1 mark)
SECTION II (50 MARKS)
51. In relation to civil and criminal justice systems:
(a) Explain SIX differences between the civil and criminal justice systems in fraud trials in Kenya.
(12 marks)
(b) Explain FOUR similarities between the civil and criminal justice systems in fraud trials in Kenya.
(8 marks)
(Total: 20 marks)
52. Explain FIVE reasons why a fraud forensic examiner must have good understanding the overview of the legal system and the justice systems. (Total: 15 marks)
53. Explain FIVE rights of those accused of crimes in the Kenyan jurisdiction. (Total: 10 marks)
54. Identify FIVE differences between common law and civil law legal systems. (Total: 5 marks)
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