Section 137A of Criminal Procedure Code CAP 75: Plea agreement negotiation
(1) Subject to section 137B, a prosecutor and an accused person or his representative may negotiate and enter into an agreement in respect of—
(a) reduction of a charge to a lesser included offence;
(b) withdrawal of the charge or a stay of other charges or the promise not to proceed with other possible charges.
(2) A plea agreement entered into under subsection (1)(a) or (b) may providefor the payment by an accused person of any restitution or compensation.
(3) A plea agreement under subsection (1) shall be entered into only after anaccused person has been charged, or at anytime before judgement.
(4) Where a prosecution is undertaken privately no plea agreement shall be concluded without the written consent of the Director of Public Prosecutions.
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- Section 137B - Plea agreement on behalf of the Republic
A plea agreement on behalf of the Republic shall be entered into by the Director of Public Prosecutions or officers authorized by the Director of Public Prosecutions in accordance with article 157(9)...
- Section 137C - Initiation of plea agreement
(1) An offer for a plea agreement may be initiated by—
(a) a prosecutor; or
(b) an accused person or his legal representative.
(2) The court shall be notified by the parties referred to in...
- Section 137D - Consultation with victim, etc.
A prosecutor shall only enter into a plea agreement in accordance with section
137A—
(a) after consultation with the police officer investigating the case;
(b) with due regard to the nature of and...
- Section 137E - Form of plea agreement
A plea agreement shall be in writing, and shall—
(a) be reviewed and accepted by the accused person, or explained to the accused person in a language that he understands;
(b) if the accused person...
- Section 137F - Recording of plea agreement by court
(2) Before the court records a plea agreement, the accused person shall be placed under oath and the court shall address the accused person personally in court, and shall inform the accused person of,...
- Section 137G - Competence of accused to make a plea agreement
The court shall, before recording a plea agreement, satisfy itself that at the time the agreement was entered into, the accused person was competent, of sound mind and acted voluntarily.
- Section 137H - Record of factual basis of plea
(1) Where the court accepts a plea agreement—
(a) it shall enter the factual basis of the plea on record;
(b) the agreement shall become binding upon the prosecutor and the accused;
(c) the...
- Section 137I - Address by parties
(1) Upon conviction, the court may invite the parties to address it on the issueof sentencing in accordance with section 216.
(2) In passing a sentence, the court shall take into account—
(a) the...
- Section 137J - Rejection of plea agreement
(1) Where the court rejects a plea agreement—
(a) it shall record the reasons for such rejection and inform the parties accordingly;
(b) the plea agreement shall become null and void and no party...
- Section 137K - Withdrawal of plea
An accused person may withdraw a plea of guilty pursuant to a plea agreement
—
(a) prior to acceptance of the plea by the court, for any reason; or
(b) after the court accepts and convicts on the...
- Section 137L - Finality of judgement
(1) Subject to subsection (2), the sentence passed by a court under this Partshall be final and no appeal shall lie therefrom except as to the extent or legality of the sentence...
- Section 137M - Protection of plea agreement process
Notwithstanding anything contained in any written law for the time being in force, the statements or facts stated by an accused person in a plea agreement shall not be used for any other purpose...
- Section 137N - Application
This Part shall not apply to—
(a) offences under the Sexual Offences Act, 2006;
(b) offences of genocide, war crimes and crimes against humanity.
- Section 137O - Rules under this sub-Part
The Attorney-General may make rules for the better carrying into effect the provisions of this Part and such rules shall apply mutatis mutandis to prosecutions conducted under section 88 of the Act.
- Section 138 - Persons convicted or acquitted not to be tried again for same offence
A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal has not been reversed or set...
- Section 139 - Person may be tried again for separate offence
A person convicted or acquitted of an offence may afterwards be tried for another offence with which he might have been charged on the former trial under section 135(1).
- Section 140 - Consequences supervening or not known at time of former trial
A person convicted or acquitted of an act causing consequences which together with that act constitute a different offence from that for which he was convicted or acquitted may be afterwards tried for...
- Section 141 - Where original court was not competent to try subsequent charge
A person convicted or acquitted of an offence constituted by any acts may, notwithstanding the conviction or acquittal, be subsequently charged with and tried for another offence constituted by the...
- Section 142 - Mode of proof of previous conviction
(1) In any trial or other proceeding under this Code, a previous conviction may be proved, in addition to any other mode provided by any law for the time being in force—
(a) by an extract certified,...
- Section 143 - Leave of Director of Public Prosecutions necessary before prosecution instituted
(1) Proceedings for the trial of a person who is not a Kenya citizen for an offence committed within exclusive economic zone and the territorial waters shall not be instituted in any court except...
- Section 144 - Summons for witness
(1) If it is made to appear that material evidence can be given by or is in thepossession of a person who will not voluntarily attend to give it or will not voluntarily produce it, a court having...
- Section 145 - Warrant for witness who disobeys summons
If, without sufficient excuse, a witness does not appear in obedience to the summons, the court, on proof of the proper service of the summons a reasonable time before, may issue a warrant to bring...
- Section 146 - Warrant for witness in first instance
If the court is satisfied by evidence on oath that the person will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at...
- Section 147 - Mode of dealing with witness arrested under warrant
When a witness is arrested under a warrant, the court may, on his furnishing security by recognizance to the satisfaction of the court for his appearance at the hearing of the case, order him to be...
- Section 148 - Power of court to order prisoner to be brought up for examination
(1) A court desirous of examining, as a witness, in a case pending before it, aperson confined in prison within the local limits of its jurisdiction, may issue an order to the officer in charge of the...
- Section 149 - Penalty for non-attendance of witness
(1) A person summoned to attend as a witness who, without lawful excuse, failsto attend as required by the summons, or who, having attended, departs without having obtained the permission of the...
- Section 150 - Power to summon witnesses, or examine person present
A court may, at any stage of a trial or other proceeding under this Code, summon or call any person as a witness, or examine any person in attendance though not summoned as a witness, or recall and...
- Section 151 - Evidence to be given on oath
Every witness in a criminal cause or matter shall be examined upon oath, and the court before which any witness shall appear shall have full power and authority to administer the usual oath.
- Section 152 - Refractory witnesses
(1) Whenever a person, appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being verbally required by the court to give evidence—
(a) refuses to be...
- Section 154 - Issue of commission for examination of witness
(1) Whenever, in the course of a proceeding under this Code, the High Courtor a magistrate empowered to hold a subordinate court of the first class is satisfied that the examination of a witness is...
- Section 155 - Parties may examine witnesses
(1) The parties to a proceeding under this Code in which a commission isissued may respectively forward any interrogatories in writing which the court or magistrate directing the commission may think...
- Section 156 - Power of magistrate to apply for issue of commission
Whenever, in the course of a proceeding under this Code before a magistrate other than a magistrate empowered to hold a subordinate court of the first class, it appears that a commission ought to be...
- Section 157 - Return of commission
(1) After a commission issued under section 154 or section 156 has been duly executed it shall be returned, together with the deposition of the witness examined thereunder, to the High Court or to the...
- Section 158 - Adjournment of inquiry or trial
In a case in which a commission is issued under section 154 or section 156, the proceedings may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.
- Section 160 - Procedure where person charged is only witness
Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.
- Section 161 - Right of reply
In cases where the right of reply depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer...
- Section 162 - Inquiry by court as to soundness of mind of accused
(1) When in the course of a trial or committal proceedings the court has reason to believe that the accused is of unsound mind and consequently incapable of making his defence, it shall inquire into...
- Section 163 - Procedure where person of unsound mind subsequently found capable of making defence
(1) If a person detained in a mental hospital or other place of custody undersection 162 or section 280 is found by the medical officer in charge of the mental hospital or place to be capable of...
- Section 164 - Resumption of proceedings or trial
Wherever a trial is postponed under section 162 or section 280, the court may at any time, subject to the provisions of section 163, resume trial and require the accused to appear or be brought before...
- Section 166 - Defence of lunacy adduced at trial
(1) Where an act or omission is charged against a person as an offence, and itis given in evidence on the trial of that person for that offence that he was insane so as not to be responsible for his...
- Section 167 - Procedure when accused does not understand proceedings
(1) If the accused, though not insane, cannot be made to understand the proceedings—
(a) in cases tried by a subordinate court, the court shall proceed to hear the evidence, and, if at the close of...
- Section 168 - Mode of delivering judgment
(1) The judgment in every trial in a criminal court in the exercise of its original jurisdiction shall be pronounced, or the substance of the judgment shall be explained, in open court either...
- Section 169 - Contents of judgment
(1) Every such judgment shall, except as otherwise expressly provided by thisCode, be written by or under the direction of the presiding officer of the court in the language of the court, and shall...
- Section 170 - Copy of judgment, etc., to be given to accused on application
On the application of the accused person, a copy of the judgment, or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay.
- Section 171 - Power to order costs against accused or private prosecutor
(1) A judge of the High Court or a magistrate of a subordinate court of the first or second class may order a person convicted before him of an offence to pay to the public or private prosecutor, as...
- Section 174 - Costs and compensation to be specified in order, how recoverable
(1) Sums allowed for costs awarded under section 171 shall in all cases bespecified in the conviction or order.
(2) If the person who has been ordered to pay costs fails so to pay, he shall,in...
- Section 175 - Orders for compensation and expenses
(1) A court which—
(a) on convicting a person of an offence, imposes a fine, or a sentence of which a fine forms part; or
(b) on appeal, revision or otherwise, confirms such a sentence, may, when...
- Section 176 - Promotion of reconciliation
In all cases the court may promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings for common assault, or for any other offence of a personal or private...
- Section 177 - Property found on accused person
Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order—
(a) that the property or a part thereof be restored...
- Section 178 - Property stolen
(1) If a person guilty of an offence mentioned in Chapters XXVI to XXXI, both inclusive, of the Penal Code (Cap. 63), in stealing, taking, obtaining, extorting, converting or disposing of, or in...