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How to Negotiate a Plea Bargain in Kenya to Avoid Jail Time
Plea bargaining is when a person accused of a crime talks to the prosecutor to make a deal. This deal can mean getting a lighter punishment or facing fewer charges. In Kenya, like in many other countries, plea bargaining is an important part of how the law works. Let's take a closer look at how it works and what rules guide it.
The Steps of Plea Bargaining in Kenya
1. Pre-Trial Negotiations: The process typically begins with pre-trial negotiations between the prosecution and the defense. The accused, through their lawyer, can initiate these negotiations to explore the possibility of a plea bargain.
2. Application for Plea Bargain: If an agreement is reached during pre-trial negotiations, the accused, in consultation with their lawyer, formally applies for a plea bargain. The application must contain specific details of the proposed agreement.
3. Judicial Approval: The presiding judge must approve the plea bargain after ensuring that the accused understands the implications of the agreement. The judge will also confirm that the agreement is in the interest of justice - very important.
4. Recording the Agreement: Once approved, the plea bargain agreement is recorded in writing, and the accused MUST PLEAD GUILTY to the specified charges as per the agreement.
5. Sentencing: The sentencing phase follows the guilty plea, where the judge imposes a sentence in accordance with the terms of the plea bargain. A good lawyer always negotiates for probation or any other alternatives to imprisonment. Duly note that a fine shall not substitute a term of imprisonment where a minimum sentence is provided - Read the Sentencing Policy Guidelines Booklet
6. Compliance with the Agreement: Both the prosecution and the accused are legally bound to adhere to the terms of the plea bargain. Failure to do so may result in the agreement being voided.
Pros
Reduced Sentences: Defendants may receive more lenient sentences in exchange for cooperating and pleading guilty.
Cons
It can lead to unjust outcomes, especially if the accused feels pressured to accept deals, even when they are not guilty, potentially undermining the right to a fair trial.
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Disclaimer!
The provision of general advice in this document does not create an advocate-client relationship with any reader. This article's information, content, and material are provided solely for general informational purposes. Readers of this article should contact us on 0733610961 or email at info@wjmaxwell.co.ke if they need legal advice on any specific legal issue.