Director of Public Prosecutions Noordin Haji has issued a warning to prosecutors offering plea bargains to sexual offenders.
In a memo to all Heads of Departments, Regional Coordinators and Heads of Counties in the Office of the Director of Public Prosecutions (ODPP), the DPP said the trend was brought to his attention that some prosecution counsel were doing so.
"It has been brought to my attention that Prosecution Counsel are negotiating and entering into plea bargain agreements and applying diversion in criminal cases under the Sexual Offenses Act, 2006," he said.
He said that plea bargain as an alternative to prosecution is outlawed under section 137N of the Criminal Procedure Act.
"It stipulates that plea bargain and diversion shall not apply to offences under the Sexual Offences Act, 2006 and the Offences of Genocide, war crimes and crimes against humanity," he said.
The DPP reminded prosecutors that negotiating and entering into plea bargain agreements and applying diversion in offences under the Sexual Offences Act is not only illegal but a grave miscarriage of justice.
"This is therefore to direct that all prosecution counsel be informed to desist forthwith from either negotiating and entering into plea bargain agreements or applying diversion in offenses under the sexual offenses Act," he said.
Additionally, Haji said all cases under other laws in which plea bargains and diversion are applied as alternatives to prosecution be succinctly reported in the quarterly reports.
