CERTIFIED FORENSIC FRAUD EXAMINER (CFFE)
MODULE TWO
PRINCIPLES OF LAW OF EVIDENCE AND THE TRIAL PROCESS
WEDNESDAY: 3 December 2025. Afternoon 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 who can provide expert testimony in court of law in securities fraud in Kenya jurisdiction?
A. A qualified accountant
B. A certified fraud examiner
C. A certified financial analyst
D. A certified internal auditor (1 mark)
2. Which one of the following statements is NOT accurate in regard to civil action and criminal prosecution in a fraud offence?
A. The court proceedings are based on the same offence
B. The parties to the proceedings are different
C. The civil and criminal prosecution can be tried parallel
D. The civil and criminal prosecution cannot be tried based on the same offence (1 mark)
3. Which one of the following statements is ACCURATE in regard to circumstantial and exhibit evidence in corruption case?
A. Bank statements can be exhibits
B. Bank statements can be real evidence
C. Bank statements can be documentary evidence
D. Bank statements can be circumstantial evidence (1 mark)
4. Which one of the following statements is NOT accurate in regard to evidence of fraudulent payments to a contractor?
A. The invoices are exhibits to prove fraudulent payments
B. The invoices are also real evidence to prove fraudulent payment
C. The invoices are exculpatory evidence to prove fraudulent payments
D. The invoices are documentary evidence to prove fraudulent payment (1 mark)
5. Which one of the following statements is ACCURATE in regard to the procedural law that sets rules and procedures of collecting evidence, presentation and admissibility of evidence in Kenya jurisdiction?
A. Evidence Act is both substantive and procedural
B. Evidence Act does not govern all legal proceedings
C. Evidence Act governs the admissibility of evidence in all legal proceedings
D. Evidence Act is both procedural and administrative (1 mark)
6. Which one of the following statements is NOT accurate in regard to civil trial and cross-examination in Kenya jurisdiction?
A. Civil trials feature cross examination
B. The parties to the cross examination are the plaintiff and defendant
C. Civil trials do not feature cross-examination
D. Civil trials cross examination is governed the evidence Act (1 mark)
7. Which one of the following statements is ACCURATE in regard to the parties to a fraud civil litigation during examination in chief?
A. The defendant and the plaintiff
B. The defendant and prosecution
C. The defence counsel and prosecution
D. The expert witness and prosecution (1 mark)
8. Which one of the following types of evidence is unreliable and NOT admissible in court of law in adversarial jurisdictions?
A. Character testimony
B. Eye witness testimony
C. Expert witness testimony
D. Exhibits (1 mark)
9. Which one of the following is NOT an examination conducted during trial in civil fraud suit in Kenya jurisdiction?
A. Cross-examination
B. Re-examination
C. Oral/written testimony
D. Examination-in chief (1 mark)
10. Which one of the following statements is MOST accurate in regard to burden of proof in fraud and corruption criminal proceedings in Kenya jurisdiction?
A. In Kenya jurisdictions who alleges does not have burden of proof
B. In Kenya jurisdictions parties to the criminal proceedings have strict burden of proof
C. In Kenya jurisdictions who alleges has the burden of proof
D. In Kenya jurisdictions the accused person has the burden of proof (1 mark)
11. Which one of the following statements is ACCURATE in regard to criminal defendants in Kenya Jurisdiction?
A. Criminal defendants have a right to remain silent
B. Civil defendants do not have a right to remain silent
C. Criminal defendants are expected to testify if so, directed the court
D. Criminal defendants have a right to be presumed innocent during trial (1 mark)
12. Which one of the following statements is NOT accurate in regard to civil appeal in the Kenya 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 bench
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 rules of evidence in Kenya and most adversarial jurisdictions?
A. Relevance of evidence is a must for admissibility of evidence
B. All relevant evidence is admissible in court proceedings
C. Not all relevant evidence is admissible
D. Relevance is the main rule of admissibility of evidence (1 mark)
14. Which one of the following statements is ACCURATE in regard to direct testimony in Kenya courts?
A. Oral testimony must be direct
B. Oral testimony must be real
C. Oral testimony must be demonstrative
D. Oral testimony must be based on expertise (1 mark)
15. Which one of the following statements is ACCURATE in regard to cross examination in criminal proceedings in Kenya Jurisdictions?
A. Criminal defendant supports their side of the case diminishing the importance of the evidence presented the prosecution
B. Criminal defendant supports their side of the case proving that the defendant did not commit the offence
C. Criminal defendant supports their side of the case through direct examination of the prosecution 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 documents and evidence in adversarial jurisdiction?
A. All documents related to the facts in issue are exhibits
B. All documents must be direct evidence
C. All documents must be real evidence
D. All documents 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 reliability of evidence?
A. Digital evidence does not require authentication because it is not physical
B. Not all tangible evidence requires authentication
C. Testimonial evidence must be properly authenticated
D. Digital and physical evidence must be properly authenticated to be admissible (1 mark)
18. Which one of the following statements is NOT accurate in regard to the primary witnesses in inquisitorial 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 jurisdictions do parties to a court proceeding have access to the evidentiary record before trial?
A. Inquisitorial system
B. Common law legal system
C. Criminal justice system
D. Civil justice system (1 mark)
20. Which one of the following statements is ACCURATE in regard to a character evidence in criminal trials in Kenya jurisdictions?
A. Character witness evidence is admissible if there is no conflict of interest
B. Character witness evidence can testify to the general good character of the accused person
C. Character witness cannot testify to the good character of the accused person
D. Character evidence cannot be used under any circumstances in a court of law (1 mark)
21. Which one of the following documents is an example of a real evidence in an alleged fraudulent payment?
A. Bank transfer document
B. Financial statements
C. Payment vouchers
D. Bank statements (1 mark)
22. Which one of the following statements BEST describes an expert witness testimony in court of law?
A. Oral direct expert testimony
B. Expert opinion
C. Oral circumstantial testimony
D. Real testimony (1 mark)
23. Which one of the following techniques CANNOT be used a defence counsel to disqualify a witness from testifying in court?
A. The defence counsel can impeach an expert witness, showing that the witness does not have professional training in the facts in issue
B. The defence counsel can impeach an expert witness showing that witness does not have firsthand information of the facts in issue
C. The defence counsel can impeach a witness showing that the witness does not have technical skill of the facts in issue
D. The defence counsel can impeach an expert witness showing that witness does not have advanced training in the facts in issue (1 mark)
24. Which one of the following BEST describes the Kenya laws that sets the rules of reliability of evidence in criminal proceedings in a court of law?
A. Criminal procedure Code
B. Bribery Act
C. Anti-Corruption and Economic Crimes Act
D. Evidence Act (1 mark)
25. Which one of the following statements is NOT accurate in regard to pre-trial proceedings?
A. Defence and prosecution may request for all information to prepare for defence
B. The defence and prosecution counsel’s work product are privileged
C. Both the prosecution and defence may request for all exhibits
D. Disclosure of evidence is limited in criminal proceedings (1 mark)
26. Which one of the following statements is NOT accurate in regard to producing in court in common law jurisdictions?
A. A witness is called to produce a document cannot present 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
D. A witness is called to produce a document cannot be re-examined (1 mark)
27. Which one of the following statements is ACCURATE in regard to evidence that tends to explain guilt away?
A. The evidence is exculpatory
B. The evidence is less probable than not
C. The evidence is indirect
D. The evidence is not beyond reasonable doubt (1 mark)
28. Which one of the following statements is NOT accurate in regard to impeachment of an eye witnesses in common law jurisdictions?
A. An eye witnesses in common jurisdictions can be impeached on basis of previous criminal records
B. An eye witnesses in common jurisdictions can be impeached on basis of conflict of interest
C. An eye witnesses in common jurisdictions can be impeached on claims of lack technical skills in the matter being litigated
D. An eye witnesses in common jurisdictions can be impeached on claims of lack of trustworthiness
(1 mark)
29. Which one of the following statements is MOST accurate in regard to counsel’s questions in cross examination?
A. A witness should not respond to leading question
B. The witnesses should not respond to the leading questions intended
C. The witness should evade responding to leading questions
D. The witness should avoid answering leading questions (1 mark)
30. Which one of the following elements BEST describes a tangible item that can be presented as direct evidence?
A. Fraudulent invoice
B. Accounting summaries
C. Bank statements
D. Analytical summaries (1 mark)
31. Which one of the following statements BEST describes the counsel’s objective pretending they are seeking an answer from the expert witness?
A. It is to make the witness feel recognised for their expertise
B. It is to make the witness provide the wrong answer
C. It is to impeach the witness
D. It is to make them uneasy (1 mark)
32. Which one of the following statements BEST describes direct witness testimony?
A. Expert testimony is a type of direct evidence
B. Expert testimony is a type of oral direct evidence
C. Eye witness testimony is not direct
D. Eye witness testimony is direct (1 mark)
33. Which one of the following questions is NOT allowed during examination in chief and re-examination but can be asked during cross examination?
A. Open ended questions
B. Narrative questions
C. Leading questions
D. Closed questions (1 mark)
34. Which one of the following BEST describes the jurisdictions where the court discover evidence before trial?
A. Civil law jurisdiction
B. Inquisitorial jurisdiction
C. Adversarial jurisdiction
D. Family jurisdiction (1 mark)
35. Which one of the following statements BEST describes burden of proof for both parties to a court criminal proceeding?
A. Inner conviction of the judge
B. Beyond reasonable doubts
C. More probable than not
D. Strict liability (1 mark)
36. Which one of the following statements is NOT accurate in regard to relevant evidence?
A. Evidence must be inculpatory to be relevant
B. Inculpatory evidence must be relevant to the facts in issue
C. Exculpatory evidence is not relevant to the facts in issue
D. Exculpatory evidence must be relevant to the facts in issue (1 mark)
37. Which one of the following elements BEST describes an appeal against summary judgement in adversarial jurisdictions?
A. Declaratory judgment
B. Injunctions
C. Equitable judgement
D. Appeal against liability (1 mark)
38. Which one of the following statements is NOT accurate in regard to the two main judicial justice systems in adversarial law jurisdictions?
A. Criminal justice system features a guilty plea agreement
B. A guilty plea is a written confession of guilt
C. Criminal justice system does not feature written confession bargaining agreement
D. A written confession is not a guilty plea (1 mark)
39. Which one of the following phases is second in a criminal proceeding in civil jurisdictions?
A. The investigative phase
B. The trial phase
C. The examination phase
D. Sentencing phase (1 mark)
40. Which one of the following statements is ACCURATE in regard to a court appointed expert witness in adversarial jurisdictions?
A. A court may appoint an expert to express an expert opinion on the prosecution witness opinion
B. A court cannot appoint an expert witness because witnesses are appointed the parties to the litigation
C. A court appointed expert provide circumstantial evidence in court
D. A court appointed expert provides direct testimonial evidence in court (1 mark)
41. Which one of the following statements BEST describes the standard of proof in fraud civil litigation in inquisitorial jurisdiction?
A. The evidence must pass the test of reasonable doubts
B. Evidence must be higher than balance of probability
C. Evidence is based on the inner conviction of the judge
D. Evidence must have higher degree of probability than balance of probability (1 mark)
42. Which one of the following statements is ACCURATE in regard to evidence in adversarial jurisdiction like Kenya?
A. Confession an accused person is direct evidence if it meets certain legal requirements
B. Confession an accused person is automatically admitted as direct evidence
C. Confession an accused person is not direct evidence
D. Confession an accused person is the same as a guilty plea (1 mark)
43. Which one of the following statements is NOT accurate in regard to waiver of legal professional 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. The privilege will be waived if the client forwards an email with public information to third parties
(1 mark)
44. Which one of the following statements is NOT accurate in regard to the rights of criminal defendants?
A. A person accused of a crime has no right to question their own witness
B. A person accused of a crime has right to cross examine the prosecution witness
C. A person accused of a crime has right to question their own witness
D. A person accused of a crime can cross examine the prosecution witness after re-examination of the witness (1 mark)
45. Which one of the following statements is ACCURATE in regard to judicial adversarial process?
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 only one party to the court proceedings
D. The standard of proof is beyond reasonable doubt (1 mark)
46. Which one of the following statements is ACCURATE in regard to fraud and the justice processes?
A. Fraud cases can only be resolved through legal judicial processes
B. Fraud cases cannot be resolved through quasi-judicial courts
C. Fraud cases are best resolved through parallel proceedings
D. Fraud case can be resolved through arbitration but not mediation (1 mark)
47. Which one of the following statements is ACCURATE in regard to criminal and civil justice systems in common jurisdiction?
A. The burden of proof is with both parties to the litigation
B. The standard of proof is the same in both systems
C. The criminal and civil justice system have three phases and two phases trial phases respectively
D. Both justice systems have three phases of the trial process (1 mark)
48. Which one of the following statements BEST describes the role of the prosecution and criminal defendant in a trial process in common law jurisdiction?
A. Advisory role in guiding the presiding judge
B. Questioning each other during the trial process
C. To conduct oral examination during the investigation phase
D. To prepare the documentary record (1 mark)
49. Which one of the following statements BEST describes what the Civil Procedure Act provides for Kenya jurisdiction?
A. Rules and procedures in civil justice system in Kenya jurisdiction
B. Rules and procedures in the Kenya legal system
C. Rules and procedures to apply in a civil suit
D. Defining civil offences and punishment for civil wrongs (1 mark)
50. Which one of the following Kenya laws sets the rules and procedures for determining 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)
SECTION II (50 MARKS)
51. (a) Explain THREE types of relevant evidence that are not admissible in court of law in adversarial jurisdictions like Kenya. (6 marks)
(b) Explain TWO types of direct evidence that can prove an allegation of fraudulent payments for goods not supplied. (4 marks)
(c) Explain FIVE rules related to reliability of evidence that would make evidence inadmissible in court of law in adversarial jurisdictions. (10 marks)
(Total: 20 marks)
52. Using suitable examples, explain the following types of evidence in an allegation of procurement fraud that involve buying and paying for expired goods a government entity:
(a) Oral direct evidence. (5 marks)
(b) Circumstantial evidence. (5 marks)
(c) Exhibit. (5 marks)
(Total: 15 marks)
53. Write a brief sample of an expert witness report/statement that can be used in a court of law, on allegations of fraudulent payments for goods not supplied. Include FIVE key points of an expert witness report.
(Total: 10 marks)
54. (a) Identify THREE types of witnesses who testify in court but are not court witnesses. (3 marks)
(b) Identify TWO types of witness testimony that are not oral direct. (2 marks)
(Total: 5 marks)
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