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Plea Agreement template (Kenya)

What it is for

Statutory plea negotiation agreement under Section 137A of the Criminal Procedure Code (Cap 75).

The Kenyan law it follows

  • Criminal Procedure Code Cap 75 — s.137A (what may be agreed: reduction to a lesser included offence, withdrawal or stay of charges; restitution or compensation; only after charge and before judgment), s.137B (entered into by the Director of Public Prosecutions or an authorised officer; a public prosecutor needs prior written approval), s.137D (consultation with the investigating officer and the victim), s.137E (in writing; reviewed and accepted by the accused; states the terms, the substantial facts and the admissions; signed by the prosecutor and the accused or the legal representative; by the complainant where compensation is included), s.137F (the court informs the accused of the rights given up before recording the agreement), s.137J (a rejected agreement is void and inadmissible)

Who prepares it

This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.

Draft this for your matter

Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.

Sample plea agreement

The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.

REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE'S COURT AT ELDORET CRIMINAL CASE NO. E1210 OF 2026 BETWEEN REPUBLIC……………………………………………………………………………PROSECUTOR -VERSUS- EVANS KIPCHUMBA LANGAT………………………………………………………ACCUSED PLEA AGREEMENT (Under sections 137A to 137O of the Criminal Procedure Code (Cap. 75)) THIS PLEA AGREEMENT is made between the Director of Public Prosecutions ("the Prosecutor") and EVANS KIPCHUMBA LANGAT ("the Accused") as follows: 1. The Accused faces the following charges: Count 1: obtaining money by false pretences contrary to section 313 of the Penal Code; Count 2: forgery contrary to section 349 of the Penal Code. 2. The Accused will plead guilty to the reduced charge.

The rest of this plea agreement is for Lex members

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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.