@BusinessDaily

Suspects to pay victims for lighter sentences

9 months ago, 13 Mar 16:49

By: Constant Munda

Crime suspects who strike a deal to compensate their victims or become witnesses of the State may now be shielded from harsh sentences after the outgoing Attorney General Githu Muigai gazetted new rules. Criminal Procedure (Plea Bargaining) Rules, 2018 allows a suspect to bargain with his accuser for a lesser charge upon satisfying the Director of Public Prosecutions (DPP) that justice will still be served. Besides agreeing to become a State witness and compensate the victim, the plea agreement can be entered in occasions where the criminal agrees to a lesser offence and the prosecution withdraws other charges against him. The accused, who must have an active case before the courts, in return pleads guilty to the offence, saving the prosecution and the Judiciary cash and time. The compensation bit will be dropped if the parties fail to agree on the cash deal or when the prosecutor feels it will defeat justice. “Where a plea agreement includes a clause for compensation payable to the victim by an accused person, the value or form of compensation shall be as agreed to after negotiations between the victim and the accused person and endorsed by the prosecutor if, in his or her opinion, the compensation serves the ends of justice,” the rules state in part. A plea agreement, however, only becomes successful if the investigating officer is consulted, and interest of the accused and that of the community. The plea-bargaining guidelines, whose draft was first done in July 2014, allows for the implementation of the nine-year old Criminal Procedure Code (Amendment) Act, 2008. The court, however, retains the discretion to determine the sentence or penalty on the accused after agreeing to the Plea of Agreement. Suspects facing charges relating to sexual offences, crimes of genocide, war crimes and crimes against humanity are, however, not eligible to enter into plea agreements. A private prosecutor, under the rules, is required to write to the DPP 14 days before she enters into plea negotiations with the accused armed with supportive materials. Where the plea negotiations are successful, the prosecutor is required to notify the DPP within seven days who, upon approval, may require the prosecutor to lay the case before the courts within a month.
Read More


Category: business news

Suggested

8 hours ago, 07:36
@BusinessDaily - By: Reuters
Nigeria files $1.1bn London lawsuit against Shell

London ...

Category: business news
10 hours ago, 05:31
@BusinessDaily - By: Eunice Murathe
Stunning Sea Shores Reign

White sand, indigenous forests, untouched beauty, Kenya’s coast is home to some of the best and pristine beaches ...

Category: business news opinion
1 hours ago, 14:26
@BusinessDaily - By: Joseph Wangui
Taxpayers to pay Sh3.5m damages for REA trespassing

The Rural Electrification Authority unlawfully entered the lands, felled trees and installed high voltage electric lines ...

Category: business markets news
1 hours ago, 14:47
@BusinessDaily - By: Philip Muyanga
Moi airport's solar system seeks to reduce plane emissions

At the moment, planes use machines (auxiliary power units) powered by jet fuel or ground power units fuelled by diesel ...

Category: business news
2 hours ago, 13:25
@BusinessDaily - By: Kazungu Samuel
Posta: E-commerce will breath life into our business

The State firm is eyeing partnerships with global giants Alibaba and Amazon ...

Category: business news
3 hours ago, 13:15
@BusinessDaily - By: The Citizen
Air Tanzania denies empty flights claim

Tanzanian national carrier dismisses reports suggesting it could be making losses on its regional routes. ...

Category: business news

@BusinessDaily

Suspects to pay victims for lighter sentences

9 months ago, 13 Mar 16:49

By: Constant Munda
Crime suspects who strike a deal to compensate their victims or become witnesses of the State may now be shielded from harsh sentences after the outgoing Attorney General Githu Muigai gazetted new rules. Criminal Procedure (Plea Bargaining) Rules, 2018 allows a suspect to bargain with his accuser for a lesser charge upon satisfying the Director of Public Prosecutions (DPP) that justice will still be served. Besides agreeing to become a State witness and compensate the victim, the plea agreement can be entered in occasions where the criminal agrees to a lesser offence and the prosecution withdraws other charges against him. The accused, who must have an active case before the courts, in return pleads guilty to the offence, saving the prosecution and the Judiciary cash and time. The compensation bit will be dropped if the parties fail to agree on the cash deal or when the prosecutor feels it will defeat justice. “Where a plea agreement includes a clause for compensation payable to the victim by an accused person, the value or form of compensation shall be as agreed to after negotiations between the victim and the accused person and endorsed by the prosecutor if, in his or her opinion, the compensation serves the ends of justice,” the rules state in part. A plea agreement, however, only becomes successful if the investigating officer is consulted, and interest of the accused and that of the community. The plea-bargaining guidelines, whose draft was first done in July 2014, allows for the implementation of the nine-year old Criminal Procedure Code (Amendment) Act, 2008. The court, however, retains the discretion to determine the sentence or penalty on the accused after agreeing to the Plea of Agreement. Suspects facing charges relating to sexual offences, crimes of genocide, war crimes and crimes against humanity are, however, not eligible to enter into plea agreements. A private prosecutor, under the rules, is required to write to the DPP 14 days before she enters into plea negotiations with the accused armed with supportive materials. Where the plea negotiations are successful, the prosecutor is required to notify the DPP within seven days who, upon approval, may require the prosecutor to lay the case before the courts within a month.
Read More

Category: business news

Suggested

8 hours ago, 07:36
@BusinessDaily - By: Reuters
Nigeria files $1.1bn London lawsuit against Shell

London ...

Category: business news
10 hours ago, 05:31
@BusinessDaily - By: Eunice Murathe
Stunning Sea Shores Reign

White sand, indigenous forests, untouched beauty, Kenya’s coast is home to some of the best and pristine beaches ...

Category: business news opinion
1 hours ago, 14:26
@BusinessDaily - By: Joseph Wangui
Taxpayers to pay Sh3.5m damages for REA trespassing

The Rural Electrification Authority unlawfully entered the lands, felled trees and installed high voltage electric lines ...

Category: business markets news
1 hours ago, 14:47
@BusinessDaily - By: Philip Muyanga
Moi airport's solar system seeks to reduce plane emissions

At the moment, planes use machines (auxiliary power units) powered by jet fuel or ground power units fuelled by diesel ...

Category: business news
2 hours ago, 13:25
@BusinessDaily - By: Kazungu Samuel
Posta: E-commerce will breath life into our business

The State firm is eyeing partnerships with global giants Alibaba and Amazon ...

Category: business news
3 hours ago, 13:15
@BusinessDaily - By: The Citizen
Air Tanzania denies empty flights claim

Tanzanian national carrier dismisses reports suggesting it could be making losses on its regional routes. ...

Category: business news
Our App