ADVOKS GLOBAL · KENYA
Criminal Procedure Code
137A. Plea agreement negotiation
Edition: 2023-12-11 · In force
137A. 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 provide for the payment by an accused person of any restitution or compensation.(3)A plea agreement under subsection (1) shall be entered into only after an accused 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.