1. Question ONE IS COMPULSORY2. Answer any other TWO questions1. John lives in a flat with many residential units within Rafiki Area around KabarakUniversity. On the night of 28th/29th October 2010, John while sleeping in his house isawakened by a commotion in Steve house next door. The John hears Steve’s voice shout“I am dying. Zadock why have you done this to me.” Everything goes silent until thefollowing morning when John wakes up to the news that Steve died the previous nightand the cause of death was manual strangulation. In the neighbourhood that morning,tension was high and residents were overheard talking in low tones about the state ofinsecurity in the area. John particularly hears a gentleman by the name Richard informone of the residents that Steve was last seen drinking at Rafiki Changaa Club in thecompany of a gentleman known as Zadock Likhondo. Richard further states that it wasrumoured that Zadock and Steve were embroiled in a love triangle for a long time and he(Richard) suspects that it is the love triangle that is the foundation of Steve’s death. Johnis a witness for the prosecution in the subsequent trial of a suspect by the nameZadock Likhondo Mwaura. Discuss the admissibility of each of the above statementsof fact that John intends to tell the court. Unnecessary verbosity is not permissible.30 marks)
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“in criminal proceedings the fact that the accused person has committed or been convicted of or charged with any offence other than that with which he is then charged or is of bad character is inadmissible” . With reference to the relevant case law, discuss the exception to this rule of evidence
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