Description

Trial Advocacy

1. (a) Discuss the concept of Opening Statements in trial advocacy, noting to indicate the utility of a case theme and a case theory in the construction of such statements.

(8 marks)

• You are a professor working in the office of the Director of Public Prosecutions. The Director sends a file to your office and upon perusal of the same, you are satisfied that the information in the file (including the five witness statements) discloses an offense under section 295 as read together with section 296(2) of the Penal Code (Cap. 63, Laws of Kenya).

Assuming the material in the file discloses the existence of all the criteria set out under the said section 296(2), set out an outline of the opening statement you will make at the commencement of the trial.    (7 marks)