What is a plea bargain and how does it work?
Criminal Procedure Code · sources read 4 Oct 2026
After you are charged and before judgment, you and the prosecutor can agree in writing that you plead guilty to a lesser offence or that other charges are dropped, which can include paying the victim compensation. Before recording it, the court must check under oath that you understand the rights you are giving up, including a full trial and most appeals, and plea bargains are not allowed for sexual offences.
- Where
- Through the prosecutor (ODPP) handling your case, then the trial court
Steps
- You, your advocate or the prosecutor can propose a plea agreement. The court is told you are negotiating, but it does not take part in the talks.
- Before agreeing, the prosecutor consults the investigating officer and, unless circumstances do not allow it, gives the victim a chance to make representations. Victims have a right to give their views in any plea bargaining.
- The agreement must be in writing, explained to you in a language you understand, state the facts and terms in full, and be signed by the prosecutor and you or your advocate.
- In court you are put under oath and the judge or magistrate checks that you understand the rights you give up and that you agreed voluntarily. If the court accepts, it convicts you and then decides the sentence.
Watch out
- Plea agreements do not apply to offences under the Sexual Offences Act, or to genocide, war crimes and crimes against humanity.
- Once sentenced under a plea agreement, you can appeal only on the extent or legality of the sentence.
- You can withdraw your guilty plea under the agreement for any reason before the court accepts it. After the court convicts you but before sentence, you can withdraw only if you show a fair and just reason.
Who this covers
- A person who has been charged, at any time before judgment.
- The deal can reduce the charge to a lesser included offence, or withdraw or stop other charges, and can include paying restitution or compensation.
- Victims of the offence have a right to give their views in any plea bargaining.
Official sources (2)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- Victim Protection Act, No. 17 of 2014 probation.go.ke · read 3 Oct 2026