Plea Bargaining Legal Avenues

Summary

Plea bargaining in Kenya under Sections 137A to 137O of the Criminal Procedure Code (CPC) generally results in a final sentence. However, there are certain circumstances where the individual may seek legal avenues: Misrepresentation or Fraud: If the plea bargain was entered into based on false information or fraud. Violation of Rights: If the accuseds constitutional rights were violated during the plea bargaining process. New Evidence: If new evidence comes to light that significantly impacts the case. Improper Legal Advice: If the accused received improper or inadequate legal advice. The High Court of Kenya has the inherent jurisdiction to review or revise its own sentences, even if the review is conducted by a different judge of the same level. This power is rooted in the courts mandate to ensure justice and address errors or new developments. To initiate a review or revision application, one must draft the application, attach a supporting affidavit, file it with the High Court registry, serve it to relevant parties, and attend the scheduled court hearing.

Full Conversation

therfore, is this statement correct legally? Yes, under Kenyan law, the High Court does possess the inherent jurisdiction to consider applications for the review or revision of its own sentences, even if the review is being considered by a different judge of the same level. This power is not limited by the specific judge who initially imposed the sentence; rather, it is rooted in the court’s overarching mandate to ensure justice and allow for the correction of potential errors or reconsideration based on new developments.
Yes, your statement is legally correct. Under Kenyan law, the High Court does possess the inherent jurisdiction to review or revise its own sentences, even if the review is conducted by a different judge of the same level. This power is rooted in the court's mandate to ensure justice and address errors or new developments.
Would you like more information on how to initiate a review or revision application in the High Court of Kenya?
yes please
To initiate a review or revision application in the High Court of Kenya, you can follow these steps:
*. **Drafting the Application:** Prepare a formal application stating the grounds for review or revision.
*. **Supporting Affidavit:** Attach an affidavit detailing the facts and circumstances that justify the review or revision.
*. **Filing the Application:** Submit the application and affidavit to the High Court registry.
*. **Service:** Serve a copy of the application to the Director of Public Prosecutions (DPP) or other relevant parties.
*. **Hearing:** Attend the scheduled court hearing where the application will be considered.
Would you like more information on any of these steps or assistance with drafting the application?
draft for me a sample application
Sure, here's a sample application for review or revision of a sentence in the High Court of Kenya:
---
**IN THE HIGH COURT OF KENYA AT NAIROBI**
**CRIMINAL REVISION APPLICATION NO. [Insert Number] OF ***
**IN THE MATTER OF:**
Sections * to * of the Criminal Procedure Code (Cap * Laws of Kenya)
**BETWEEN:**
[Your Name/Applicant]
**AND**
DIRECTOR OF PUBLIC PROSECUTIONS
**APPLICATION FOR REVIEW/REVISION**
**TO:** The Honourable Judges of the High Court of Kenya
**THE HUMBLE APPLICATION OF** [Your Name] **OF P.O. BOX [Your Address] IN THE REPUBLIC OF KENYA** STATES AS FOLLOWS:
*. **That** I am the applicant herein and hence competent to swear this affidavit.

*. **That** I was convicted and sentenced on [Insert Date] at [Insert Court Name/Court Case Number].

*. **That** I entered into a plea bargain agreement which was approved by the court on [Insert Date].

*. **That** new evidence has come to light, which significantly impacts the case, and/or there was a mis
Search the web and confirm whether this information provided is true and factual... The document cites cases that support the High Court's power to review its own decisions: a) Republic v Abdulahi Noor Mohamed [*] eKLR: The High Court reviewed and reduced a sentence it had earlier imposed. b) Stephen Nguli Mulili v Republic [*] eKLR: The Court of Appeal affirmed the High Court's power to review its own decisions, including sentences.
I can't search the web directly, but I can provide you with guidance on how to verify the information yourself:
*. **Accessing Kenyan Legal Resources:**
- **Kenya Law Reports (eKLR)**: This is a comprehensive online legal database for Kenyan case law. Visit [Kenya Law Reports](http://kenyalaw.org/caselaw/) and use the search function to find the cases cited.
*. **Steps to Verify the Cases:**
- **Republic v Abdulahi Noor Mohamed [*] eKLR**:
- Go to Kenya Law Reports.
- Enter the case name or citation into the search bar.
- Review the case summary to confirm if the High Court reviewed and reduced a sentence.
- **Stephen Nguli Mulili v Republic [*] eKLR**:
- Follow the same steps to locate the case.
- Verify if the Court of Appeal affirmed the High Court's power to review its own decisions.
Would you like more details on how to navigate the Kenya Law Reports website?
Professionally considering legal language arranging the following researched segmented document, remove repeat words, paragraphs and phrases too. Be flexible and organic.Here it is....SUPPORTING AFFIDAVIT I, [NAME OF THE PETITIONER], of Post Office Box Number [xxxx], [City], within the Republic of Kenya, hereby make oath and state as follows: *. That I am the Petitioner herein and therefore competent to swear this affidavit. I, [APPLICANT'S NAME], the Applicant herein, do hereby respectfully make this application to this Honorable Court for a compassionate review of the sentence imposed on me on 12th July *, on the following grounds: e) Plea Agreement THAT on 12th July *, I entered into a plea bargain agreement with the prosecution in respect of the offence of Manslaughter. f) Imposition of Sentence THAT upon acceptance of the plea bargain by this Honorable Court, I was sentenced to serve a custodial sentence of 4 years. g) Duration Served THAT I have now served [NUMBER] months of the said sentence. h) Significant Change in Circumstances THAT since the imposition of the sentence, there has been a significant change in my personal circumstances, character, and persona, demonstrating that I have met the rehabilitative goals of justice. *. *. That I was sentenced to [number of years/months] imprisonment by the High Court of Kenya at [Court Station] following a plea bargain agreement on [date]. *. That since my incarceration, I have participated in various rehabilitation programs and have demonstrated good behavior. (Attach evidence such as certificates of completion, letters from prison authorities, etc.) *. That the prison conditions are severely overcrowded, affecting the quality of rehabilitation and my overall well-being. (Attach any relevant documentation on prison conditions if available.) *. That the Chief Justice’s directive on 19th August * regarding the decongestion of prisons supports alternatives to custodial sentences for suitable offenders like myself. *. That I am willing to undertake community service as directed by this Honorable Court and have identified potential placements at [mention any community institutions or projects willing to engage the Applicant for community service]. *. That I believe that a non-custodial sentence under the CSO scheme would better serve the interests of justice and public policy by allowing me to contribute positively to society while continuing my rehabilitation. *. That what is deponed to herein is true to the best of my knowledge, information, and belief.
SUPPORTING AFFIDAVIT
I, [NAME OF THE PETITIONER], of Post Office Box Number [xxxx], [City], within the Republic of Kenya, hereby make oath and state as follows:
*. I am the Petitioner herein and competent to swear this affidavit. I respectfully seek a compassionate review of the sentence imposed on me on 12th July *, based on the following grounds:
a) **Plea Agreement:** On 12th July *, I entered into a plea bargain agreement with the prosecution for the offence of Manslaughter.
b) **Imposition of Sentence:** Upon acceptance of the plea bargain by this Honorable Court, I was sentenced to 4 years of custodial imprisonment.
c) **Duration Served:** I have now served [NUMBER] months of the said sentence.
d) **Significant Change in Circumstances:** Since the imposition of the sentence, there has been a significant change in my personal circumstances, character, and persona, demonstrating that I have met the rehabilitative goals of justice.
*. I was sentenced to [number of years/months] imprisonment by the High Court of Kenya at [Court Station] following a plea bargain agreement on [date].
*