The government will grant amnesty to those who admit to being guilty of corruption in order to generate new revenue from crime without going through lengthy legal proceedings.
The law will be changed to provide the framework for an amnesty for . create corruption cases by giving suspects the opportunity to reach agreements with the director of the prosecution instead of going to court suspect has committed a corrupt or economic crime, agree.
Once an agreement has been reached with the DPP, a suspect is released – but not acquitted.
“As long as the agreement is reached on the deferred prosecution is in force, the person in criminal proceedings may not be prosecuted in criminal proceedings for the alleged criminal offense or any other criminal offense based on the same facts, “states the proposed law.
The DPP can Impose a fine or an order to compensate suspects to compensate victims of the Transplant Act.
Tue e Assertion of fact in a postponement agreement serves as evidence of the admission of the person who consented.
Suspects would also be required to cooperate in investigations into white-collar crime that the DPP intends to pursue.
“The DPP can impose the following conditions; Collaborate on investigations into possible crimes committed by a officer, employee or agent of that person based on the same or substantially the same facts as the alleged crime. “
DPP may also suspect the economic crimes to compensate for the loss of public funds and to pay interest on lost public funds.
The DPP can also require an agreement to be made conditional on the surrender of all publicly funded private assets by suspects.
Suspects can also be instructed to donate the money to a charity or other third party, as well as to give away profits from crime, as well as strengthen internal controls.
“The amount” one between the DPP and the A person’s agreed penalty is broadly comparable to the fine that a court would have imposed after a guilty verdict te, ”the bill reads.
The government-backed bill, which is supported by nominee Senator Farhiya Ali, who is also Deputy Chief Whip of the Senate, is due for the first reading.
“The framework for the deferred prosecution agreements is a response to perceived shortcomings in the existing law enforcement framework related to white-collar crime,” says Senator Farhiya in the explanatory memorandum to the bill.
She added, that there have been concerns that white-collar crime involves lengthy, expensive, and complicated investigations and litigation.
Aside from the fact that it takes Kenyans a long time to learn the results of transplant cases, there are concerns that they are not Provision is made for providing adequate compensation to victims in the current situation.
“The deferred prosecution arrangements are made under the supervision of a judge d it closed to the Supreme Court, “the letter of intent states.
A judge overseeing such a process, the draft law says, must be convinced that the stay agreement is in the interests of justice and in Fair, reasonable and proportionate words.
A person who has been charged, or whom the DPP is considering prosecuting on an allegation, will be exempt from prosecution if they meet the terms of the agreement .
If the MPs approve the bill, the amnesty would also begin as soon as the court approves a deferred prosecution agreement.
The DPP can invite a suspect to negotiate when reviewing a case file, as soon as there are reasonable grounds to believe that the person has committed an alleged crime.
This happens before the DPP initiates criminal proceedings against a e person initiates suspicion of corruption or other white-collar crime.
The application of the new law, the draft law states, would be retrospectively dated for an alleged crime, regardless of whether it was before or after the law came into force was committed.
Suspects would also be given the opportunity to come to an agreement at any time prior to the start of the trial.
“A prosecution arrangement may be made in relation to two or more suspected crimes “The bill reads.
The law is also being amended to ensure that the Ethics and Anti-Corruption Act ption commission pays confiscated proceeds from crime to the Criminal Asset Recovery Fund.
Currently, the net proceeds from crime are paid into the Consolidation Fund to help finance part of the government’s budget needs hears the previous criminal behavior of the person and the extent to which the person has cooperated with the respective investigative authority.
In the agreement, the DPP would be required to indicate how the suspects maintain the confidentiality of the information obtained during the Negotiations would be guaranteed.
Edited by Kiilu Damaris