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Criminal & rightsUpdated 1 min read

Plea bargaining in Kenya: how it works

The Criminal Procedure Code allows plea agreements between the prosecution and the accused, subject to the court’s approval.

By Wakili Link Editorial

Plea bargaining was introduced into the Criminal Procedure Code (sections 137A–137O) to reduce delays and give accused persons a structured way to resolve cases.

What can be agreed

The prosecutor and the accused may agree that the accused pleads guilty:

  • to a lesser offence, or
  • to the offence charged, in exchange for the prosecution withdrawing other charges or recommending a particular sentence.

Safeguards

  • The agreement must be in writing and the accused must be represented by an advocate or have the agreement explained.
  • The court must be satisfied the accused understands the agreement and entered it voluntarily.
  • The court is not bound by the sentencing recommendation and may reject the agreement.
  • Victims’ views should be considered.
  • Plea agreements are not available for certain offences, such as sexual offences and genocide, war crimes and crimes against humanity.

Should you consider it?

A plea agreement can bring certainty and a lighter sentence, but it results in a conviction. Take independent legal advice before agreeing.

This article is general information, not legal advice on your situation.

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