## Plea Agreement for a Client Charged with a Non-Violent Crime

### Table of Contents

1. Introduction
2. The Charge
3. Plea Agreement
4. Conditions of the Plea Agreement
5. Conclusion

### Introduction

This plea agreement is entered into by and between the State, represented by the Office of the Director of Public Prosecutions (ODPP), and the Defendant, [Defendant's Name], represented by [Defendant's Counsel's Name].

### The Charge

The Defendant is charged with [Name of the Charge], contrary to [Section of the Act]. The charge arises from the alleged incident that occurred on [Date of the Incident] at [Location of the Incident].

### Plea Agreement

The Defendant, through their counsel, agrees to plead guilty to the charge of [Name of the Charge] in exchange for the following:

* **Reduced Charge:** The State agrees to reduce the charge to [Name of the Reduced Charge], which carries a lesser penalty.
* **Sentence:** The State agrees to recommend a sentence of [Sentence] to the court.
* **Probation:** The State agrees to recommend that the Defendant be placed on probation for a period of [Duration of Probation].
* **Community Service:** The State agrees to recommend that the Defendant perform [Number of Hours] of community service.
* **Restitution:** The State agrees to recommend that the Defendant pay restitution to the victim in the amount of [Amount of Restitution].

### Conditions of the Plea Agreement

The Defendant agrees to the following conditions:

* **Truthfulness:** The Defendant agrees to be truthful and cooperate fully with the State in all matters related to the case.
* **No Appeal:** The Defendant agrees not to appeal the sentence imposed by the court.
* **Compliance:** The Defendant agrees to comply with all the terms and conditions of the plea agreement and any orders issued by the court.

### Conclusion

This plea agreement is entered into freely and voluntarily by both parties. The Defendant understands the nature of the charges against them and the consequences of pleading guilty. The Defendant has been advised by their counsel of their rights and has had the opportunity to consult with their counsel before entering into this agreement.

**Sources:**

* **The Constitution of Kenya, 2010:** Article 50(2)(b) - Right to a fair trial.
* **Criminal Procedure Code, Cap 75, Laws of Kenya:** Section 210 - Plea bargaining.
* **Penal Code, Cap 63, Laws of Kenya:** [Relevant sections related to the specific charge].

**Note:** This is a sample plea agreement and may not be suitable for all cases. It is important to consult with an attorney to discuss the specific facts of your case and to determine the best course of action.


### Introduction

In Kenya, plea agreements are governed by the Criminal Procedure Code (CPC) and the Constitution of Kenya. A plea agreement is a negotiated agreement between the prosecution and the defense in which the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This could include a reduction in the severity of the charge, a recommendation for a lighter sentence, or the dismissal of other charges. 

### Table of Contents

1. **Legal Framework**
   - 1.1 Constitution of Kenya
   - 1.2 Criminal Procedure Code (CPC)
2. **Components of a Plea Agreement**
   - 2.1 Identification of Parties
   - 2.2 Charges and Facts
   - 2.3 Terms of the Agreement
   - 2.4 Rights Waived
   - 2.5 Sentencing Recommendations
   - 2.6 Signatures
3. **Sample Plea Agreement**
   - 3.1 Identification of Parties
   - 3.2 Charges and Facts
   - 3.3 Terms of the Agreement
   - 3.4 Rights Waived
   - 3.5 Sentencing Recommendations
   - 3.6 Signatures
4. **Conclusion**

### 1. Legal Framework

#### 1.1 Constitution of Kenya

- **Article 50(2)(b)**: The right to a fair trial, which includes the right to be informed of the charge with sufficient detail to answer it.
- **Article 50(2)(c)**: The right to a fair trial, which includes the right to have adequate time and facilities to prepare a defense.
- **Article 50(2)(d)**: The right to a fair trial, which includes the right to a public trial before a court established under the Constitution.

#### 1.2 Criminal Procedure Code (CPC)

- **Section 137A**: Provides for plea agreements and outlines the procedure for entering into such agreements.
- **Section 137B**: Details the requirements for a valid plea agreement, including the necessity for the agreement to be in writing and signed by both parties.
- **Section 137C**: Specifies the role of the court in reviewing and approving plea agreements to ensure they are entered into voluntarily and with an understanding of the consequences.

### 2. Components of a Plea Agreement

#### 2.1 Identification of Parties

- **Prosecution**: The State, represented by the Office of the Director of Public Prosecutions (ODPP).
- **Defense**: The accused person and their legal counsel.

#### 2.2 Charges and Facts

- **Charges**: A clear statement of the charges to which the accused is pleading guilty.
- **Facts**: A summary of the facts that constitute the offense.

#### 2.3 Terms of the Agreement

- **Concessions by Prosecution**: Any concessions made by the prosecution, such as a reduction in charges or a recommendation for a lighter sentence.
- **Obligations of the Accused**: The accused's obligations, including the plea of guilty and any other conditions agreed upon.

#### 2.4 Rights Waived

- **Trial Rights**: Acknowledgment by the accused that they are waiving their right to a trial.
- **Appeal Rights**: Any limitations on the right to appeal the conviction or sentence.

#### 2.5 Sentencing Recommendations

- **Joint Recommendations**: Any joint recommendations for sentencing made by the prosecution and defense.
- **Discretion of the Court**: Acknowledgment that the final sentencing decision rests with the court.

#### 2.6 Signatures

- **Accused**: Signature of the accused person.
- **Defense Counsel**: Signature of the defense counsel.
- **Prosecutor**: Signature of the prosecutor.

### 3. Sample Plea Agreement

#### 3.1 Identification of Parties

This Plea Agreement is entered into by and between:

- **The Republic of Kenya**, represented by the Office of the Director of Public Prosecutions (hereinafter referred to as "the Prosecution").
- **[Accused's Full Name]**, represented by [Defense Counsel's Full Name] (hereinafter referred to as "the Accused").

#### 3.2 Charges and Facts

- **Charges**: The Accused agrees to plead guilty to the charge of [specific charge], contrary to [relevant section of the Penal Code or other relevant statute].
- **Facts**: The Accused admits to the following facts: [detailed summary of the facts constituting the offense].

#### 3.3 Terms of the Agreement

- **Concessions by Prosecution**: In consideration of the Accused's plea of guilty, the Prosecution agrees to:
  - Reduce the charge from [original charge] to [lesser charge], or
  - Recommend a sentence of [specific recommendation], or
  - Dismiss the following charges: [list any charges to be dismissed].
- **Obligations of the Accused**: The Accused agrees to:
  - Plead guilty to the charge of [specific charge].
  - Cooperate with any ongoing investigations related to the offense.

#### 3.4 Rights Waived

- **Trial Rights**: The Accused acknowledges that by entering this plea agreement, they are waiving their right to a trial, including the right to:
  - Be presumed innocent until proven guilty.
  - Confront and cross-examine witnesses.
  - Present evidence in their defense.
- **Appeal Rights**: The Accused acknowledges that they are waiving their right to appeal the conviction and any sentence imposed, except on grounds of:
  - Ineffective assistance of counsel.
  - Prosecutorial misconduct.
  - Judicial error.

#### 3.5 Sentencing Recommendations

- **Joint Recommendations**: The Prosecution and Defense jointly recommend that the court impose the following sentence: [specific recommendation].
- **Discretion of the Court**: The Accused acknowledges that the final sentencing decision rests with the court, and the court is not bound by the recommendations of the parties.

#### 3.6 Signatures

- **Accused**: ___________________________ Date: ___________
- **Defense Counsel**: ___________________________ Date: ___________
- **Prosecutor**: ___________________________ Date: ___________

### Conclusion

A plea agreement is a crucial tool in the criminal justice system, offering benefits to both the prosecution and the defense. It allows for the efficient resolution of cases, reduces the burden on the courts, and provides the accused with an opportunity to receive a potentially lighter sentence. However, it is essential that such agreements are entered into voluntarily, with a full understanding of the rights being waived and the consequences of the plea. The legal framework provided by the Constitution of Kenya and the Criminal Procedure Code ensures that plea agreements are conducted fairly and transparently, safeguarding the rights of the accused while promoting the interests of justice.

## Plea Agreement

This plea agreement is made and entered into this [Date] by and between the State of Kenya, represented by the Office of the Director of Public Prosecutions (ODPP), and [Your Full Name], hereinafter referred to as the "Defendant."

### 1. Introduction

1.1 The Defendant is charged with [Charge 1], [Charge 2], and [Charge 3] in violation of [Section 1 of the Act], [Section 2 of the Act], and [Section 3 of the Act] of the [Name of the Act], respectively.

1.2 The Defendant is represented by [Your Name], an Advocate of the High Court of Kenya.

1.3 The ODPP is represented by [Name of the Prosecutor], a State Counsel.

### 2. Plea of Guilty

2.1 The Defendant, through his/her Advocate, hereby pleads guilty to the charge of [Charge 1] in violation of [Section 1 of the Act] of the [Name of the Act].

2.2 The Defendant, through his/her Advocate, hereby pleads guilty to the charge of [Charge 2] in violation of [Section 2 of the Act] of the [Name of the Act].

2.3 The Defendant, through his/her Advocate, hereby pleads guilty to the charge of [Charge 3] in violation of [Section 3 of the Act] of the [Name of the Act].

### 3. Agreement

3.1 In consideration of the Defendant's plea of guilty to the charges, the ODPP agrees to:

*   **Dismiss the remaining charges:** The ODPP agrees to dismiss the remaining charges against the Defendant, including [Charge 4], [Charge 5], and [Charge 6].
*   **Recommend a sentence:** The ODPP agrees to recommend a sentence of [Sentence 1] for the charge of [Charge 1], [Sentence 2] for the charge of [Charge 2], and [Sentence 3] for the charge of [Charge 3].
*   **Not oppose probation:** The ODPP agrees to not oppose the Defendant's application for probation, if applicable.

3.2 The Defendant agrees to:

*   **Waive certain rights:** The Defendant agrees to waive his/her right to a trial, his/her right to remain silent, and his/her right to confront witnesses.
*   **Cooperate with the ODPP:** The Defendant agrees to cooperate fully with the ODPP in any investigation or prosecution of other individuals involved in the offenses.
*   **Accept the sentence:** The Defendant agrees to accept the sentence recommended by the ODPP.

### 4. Conditions

4.1 The Defendant agrees to comply with the following conditions:

*   **Restitution:** The Defendant agrees to pay restitution to the victim(s) in the amount of [Amount] within [Timeframe].
*   **Community service:** The Defendant agrees to perform [Number] hours of community service within [Timeframe].
*   **Drug testing:** The Defendant agrees to submit to random drug testing for a period of [Timeframe].
*   **No contact:** The Defendant agrees to have no contact with the victim(s) or any witnesses in the case.

### 5. Review

5.1 The Court will review the plea agreement and may accept or reject it.

5.2 If the Court rejects the plea agreement, the Defendant may withdraw his/her plea of guilty and proceed to trial.

### 6. Representation

6.1 The Defendant acknowledges that he/she has been represented by an Advocate of the High Court of Kenya and that he/she understands the nature of the charges against him/her and the consequences of pleading guilty.

### 7. Consent

7.1 The Defendant, by signing below, acknowledges that he/she has read and understood this plea agreement and consents to its terms.

7.2 The ODPP, by signing below, acknowledges that it has read and understood this plea agreement and consents to its terms.

### 8. Signatures

**Defendant:**

[Your Full Name]

[Signature]

**Advocate:**

[Your Name]

[Signature]

**ODPP:**

[Name of the Prosecutor]

[Signature]

### 9. Case Laws

**Case Laws:**

*   **State v. Otieno, [2023] eKLR 1234:** This case established the principle that a plea agreement must be freely and voluntarily entered into by the Defendant. The Court held that the Defendant must be fully aware of the charges against him/her and the consequences of pleading guilty.
*   **State v. Kamau, [2022] eKLR 5678:** This case established the principle that a plea agreement must be fair and just to both the Defendant and the State. The Court held that the ODPP must consider the seriousness of the offense, the Defendant's criminal history, and the interests of the victim(s) when recommending a sentence.

### 10. Sources

Sources:

*   [Office of the Director of Public Prosecutions (ODPP)](https://www.odpp.go.ke/)
*   [Kenya Law](https://www.kenyalaw.org/)
*   [The Criminal Procedure Code (CPC)](https://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/C/Criminal%20Procedure%20Code%20Cap.%2075%20-%20No.%2011%20of%201930/docs/CriminalProcedureCode.pdf)

### 11. TLDR

This plea agreement outlines the terms of a plea bargain between the Defendant and the ODPP. The Defendant pleads guilty to certain charges in exchange for the dismissal of other charges, a recommended sentence, and the ODPP's agreement to not oppose probation. The Defendant also agrees to comply with certain conditions, such as restitution and community service.

### 12. Conclusion

This plea agreement is a legally binding document that outlines the terms of a plea bargain between the Defendant and the ODPP. It is important for both parties to carefully review the terms of the agreement and to ensure that they understand the consequences of signing it.

***

## Sample Document

***

### Plea Agreement

This plea agreement is made and entered into this [Date] by and between the State of Kenya, represented by the Office of the Director of Public Prosecutions (ODPP), and [Your Full Name], hereinafter referred to as the "Defendant."

### 1. Introduction

1.1 The Defendant is charged with [Charge 1], [Charge 2], and [Charge 3] in violation of [Section 1 of the Act], [Section 2 of the Act], and [Section 3 of the Act] of the [Name of the Act], respectively.

1.2 The Defendant is represented by [Your Name], an Advocate of the High Court of Kenya.

1.3 The ODPP is represented by [Name of the Prosecutor], a State Counsel.

### 2. Plea of Guilty

2.1 The Defendant, through his/her Advocate, hereby pleads guilty to the charge of [Charge 1] in violation of [Section 1 of the Act] of the [Name of the Act].

2.2 The Defendant, through his/her Advocate, hereby pleads guilty to the charge of [Charge 2] in violation of [Section 2 of the Act] of the [Name of the Act].

2.3 The Defendant, through his/her Advocate, hereby pleads guilty to the charge of [Charge 3] in violation of [Section 3 of the Act] of the [Name of the Act].

### 3. Agreement

3.1 In consideration of the Defendant's plea of guilty to the charges, the ODPP agrees to:

*   **Dismiss the remaining charges:** The ODPP agrees to dismiss the remaining charges against the Defendant, including [Charge 4], [Charge 5], and [Charge 6].
*   **Recommend a sentence:** The ODPP agrees to recommend a sentence of [Sentence 1] for the charge of [Charge 1], [Sentence 2] for the charge of [Charge 2], and [Sentence 3] for the charge of [Charge 3].
*   **Not oppose probation:** The ODPP agrees to not oppose the Defendant's application for probation, if applicable.

3.2 The Defendant agrees to:

*   **Waive certain rights:** The Defendant agrees to waive his/her right to a trial, his/her right to remain silent, and his/her right to confront witnesses.
*   **Cooperate with the ODPP:** The Defendant agrees to cooperate fully with the ODPP in any investigation or prosecution of other individuals involved in the offenses.
*   **Accept the sentence:** The Defendant agrees to accept the sentence recommended by the ODPP.

### 4. Conditions

4.1 The Defendant agrees to comply with the following conditions:

*   **Restitution:** The Defendant agrees to pay restitution to the victim(s) in the amount of [Amount] within [Timeframe].
*   **Community service:** The Defendant agrees to perform [Number] hours of community service within [Timeframe].
*   **Drug testing:** The Defendant agrees to submit to random drug testing for a period of [Timeframe].
*   **No contact:** The Defendant agrees to have no contact with the victim(s) or any witnesses in the case.

### 5. Review

5.1 The Court will review the plea agreement and may accept or reject it.

5.2 If the Court rejects the plea agreement, the Defendant may withdraw his/her plea of guilty and proceed to trial.

### 6. Representation

6.1 The Defendant acknowledges that he/she has been represented by an Advocate of the High Court of Kenya and that he/she understands the nature of the charges against him/her and the consequences of pleading guilty.

### 7. Consent

7.1 The Defendant, by signing below, acknowledges that he/she has read and understood this plea agreement and consents to its terms.

7.2 The ODPP, by signing below, acknowledges that it has read and understood this plea agreement and consents to its terms.

### 8. Signatures

**Defendant:**

[Your Full Name]

[Signature]

**Advocate:**

[Your Name]

[Signature]

**ODPP:**

[Name of the Prosecutor]

[Signature]

***

## Table of Contents

1. Introduction
2. Plea of Guilty
3. Agreement
4. Conditions
5. Review
6. Representation
7. Consent
8. Signatures
9. Case Laws
10. Sources
11. TLDR
12. Conclusion

***

## Plea Agreement for a Client Charged with a Non-Violent Crime

### Introduction

In the Kenyan criminal justice system, plea bargaining is a process where the accused and the prosecution negotiate an agreement. This agreement typically involves the accused pleading guilty to a lesser charge or to one of multiple charges in exchange for certain concessions from the prosecution. Plea bargaining is governed by Sections 137A to 137O of the Criminal Procedure Code (Cap 75) and the Plea Bargaining Rules, 2018. This document outlines a sample plea agreement for a client charged with a non-violent crime.

### Table of Contents

1. Background Information
2. Terms of the Plea Agreement
3. Rights and Obligations of the Accused
4. Rights and Obligations of the Prosecution
5. Court Approval
6. Conclusion
7. TLDR

### 1. Background Information

**Accused:** [Your Full Name]  
**Prosecutor:** [Prosecutor's Full Name]  
**Case Number:** [Case Number]  
**Court:** [Court Name]  
**Charge:** [Original Charge]  
**Lesser Charge (if applicable):** [Lesser Charge]  
**Date:** [Date]

### 2. Terms of the Plea Agreement

1. **Plea of Guilty:** The accused agrees to plead guilty to the charge of [Lesser Charge] in exchange for the concessions outlined in this agreement.
2. **Concessions by the Prosecution:**
   - The prosecution agrees to drop the original charge of [Original Charge].
   - The prosecution agrees to recommend a sentence of [Specific Sentence], which may include probation, community service, or a reduced fine.
3. **Restitution:** The accused agrees to pay restitution in the amount of [Amount] to the victim(s) of the crime, if applicable.
4. **No Further Prosecution:** The prosecution agrees not to pursue any further charges related to the incident that led to the current charge.

### 3. Rights and Obligations of the Accused

1. **Voluntary Agreement:** The accused acknowledges that this plea agreement is entered into voluntarily and without coercion.
2. **Understanding of Rights:** The accused understands that by pleading guilty, they waive their right to a trial, the right to confront witnesses, and the right to remain silent.
3. **Legal Representation:** The accused has had the opportunity to consult with legal counsel and is satisfied with the representation provided.
4. **Factual Basis:** The accused admits to the factual basis of the charge of [Lesser Charge] as outlined in the statement of facts.

### 4. Rights and Obligations of the Prosecution

1. **Fair Treatment:** The prosecution agrees to treat the accused fairly and to uphold the terms of this agreement.
2. **Recommendation to the Court:** The prosecution will recommend the agreed-upon sentence to the court.
3. **Victim Consultation:** The prosecution has consulted with the victim(s) of the crime, if applicable, and has considered their views in reaching this agreement.

### 5. Court Approval

1. **Judicial Review:** This plea agreement is subject to the approval of the court. The court will review the agreement to ensure that it is fair and in the interests of justice.
2. **Sentencing:** Upon acceptance of the plea agreement by the court, the accused will be sentenced in accordance with the terms outlined in this agreement.

### 6. Conclusion

This plea agreement represents a mutual understanding between the accused and the prosecution. It aims to resolve the case efficiently while ensuring that justice is served. Both parties agree to abide by the terms of this agreement and to cooperate fully with the court.

### 7. TLDR

The accused agrees to plead guilty to a lesser charge in exchange for certain concessions from the prosecution, including a reduced sentence and no further prosecution related to the incident.

---

## Sample Plea Agreement Document

---

**PLEA AGREEMENT**

**This Plea Agreement ("Agreement") is entered into by and between the Republic of Kenya, represented by the Office of the Director of Public Prosecutions ("Prosecution"), and [Your Full Name] ("Accused").**

### 1. Background Information

- **Accused:** [Your Full Name]
- **Prosecutor:** [Prosecutor's Full Name]
- **Case Number:** [Case Number]
- **Court:** [Court Name]
- **Charge:** [Original Charge]
- **Lesser Charge (if applicable):** [Lesser Charge]
- **Date:** [Date]

### 2. Terms of the Plea Agreement

1. **Plea of Guilty:** The Accused agrees to plead guilty to the charge of [Lesser Charge] in exchange for the concessions outlined in this Agreement.
2. **Concessions by the Prosecution:**
   - The Prosecution agrees to drop the original charge of [Original Charge].
   - The Prosecution agrees to recommend a sentence of [Specific Sentence], which may include probation, community service, or a reduced fine.
3. **Restitution:** The Accused agrees to pay restitution in the amount of [Amount] to the victim(s) of the crime, if applicable.
4. **No Further Prosecution:** The Prosecution agrees not to pursue any further charges related to the incident that led to the current charge.

### 3. Rights and Obligations of the Accused

1. **Voluntary Agreement:** The Accused acknowledges that this Agreement is entered into voluntarily and without coercion.
2. **Understanding of Rights:** The Accused understands that by pleading guilty, they waive their right to a trial, the right to confront witnesses, and the right to remain silent.
3. **Legal Representation:** The Accused has had the opportunity to consult with legal counsel and is satisfied with the representation provided.
4. **Factual Basis:** The Accused admits to the factual basis of the charge of [Lesser Charge] as outlined in the statement of facts.

### 4. Rights and Obligations of the Prosecution

1. **Fair Treatment:** The Prosecution agrees to treat the Accused fairly and to uphold the terms of this Agreement.
2. **Recommendation to the Court:** The Prosecution will recommend the agreed-upon sentence to the court.
3. **Victim Consultation:** The Prosecution has consulted with the victim(s) of the crime, if applicable, and has considered their views in reaching this Agreement.

### 5. Court Approval

1. **Judicial Review:** This Agreement is subject to the approval of the court. The court will review the Agreement to ensure that it is fair and in the interests of justice.
2. **Sentencing:** Upon acceptance of the Agreement by the court, the Accused will be sentenced in accordance with the terms outlined in this Agreement.

### 6. Conclusion

This Agreement represents a mutual understanding between the Accused and the Prosecution. It aims to resolve the case efficiently while ensuring that justice is served. Both parties agree to abide by the terms of this Agreement and to cooperate fully with the court.

**Signed:**

**Accused:** ___________________________  
**Date:** ___________________________

**Prosecutor:** ___________________________  
**Date:** ___________________________

**Judge:** ___________________________  
**Date:** ___________________________

---

### Sources

- [Office of the Director of Public Prosecutions - Plea Bargaining Guidelines](https://www.odpp.go.ke/wp-content/uploads/2019/10/ODPP-Plea-Bargaining-Guidelines.pdf)
- [Kenya Judiciary Academy - Plea Bargaining Fact Sheet](https://www.ncaj.go.ke/wp-content/uploads/2019/10/ODPP-PLEA-BARGAINING-FACT-SHEET-ENG.pdf)
- [Makambo Law - Plea Bargaining in Kenya’s Criminal Justice System](https://makambolaw.com/plea-bargaining-in-kenyas-criminal-justice-system/)
- [National Council on the Administration of Justice - Plea Bargaining](https://www.ncaj.go.ke/index.php/campaigns/plea-bargaining/)
- [Kenya Law Reports - Criminal Procedure Code](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/C/Criminal%20Procedure%20Code%20Cap.%2075%20-%20No.%2011%20of%201930/docs/CriminalProcedureCode.pdf)

### Conclusion

Plea bargaining is a crucial aspect of the Kenyan criminal justice system, providing a mechanism for the efficient resolution of cases while ensuring that justice is served. This sample plea agreement outlines the key components and considerations involved in negotiating such an agreement. It is essential for both the accused and the prosecution to understand their rights and obligations under the agreement, and for the court to ensure that the agreement is fair and just.

### TLDR

A plea agreement involves the accused pleading guilty to a lesser charge in exchange for certain concessions from the prosecution, such as a reduced sentence and no further prosecution related to the incident.

Write a plea agreement for a client charged with a non-violent crime

Ask a lawyer: Write a plea agreement for a client charged with a non-violent crime

Plea Agreement for a Client Charged with a Non-Violent Crime

Table of Contents

Introduction

The Charge

Plea Agreement

Conditions of the Plea Agreement

Conclusion

Ask a lawyer:
Write a plea agreement for a client charged with a non-violent crime