Haji warns against plea bargains, diversion in defilement cases
Director of Public Prosecutions Noordin Haji.He has warned prosecution counsels against allowing plea bargaining and diversion in sexual offence cases.
What you need to know:
- The Kilifi Children’s Department had raised concern about the move by the Office of the DPP to divert sexual offence matters.
- According to the department, some of the cases for diversion were defilement cases, despite the knowledge that a child cannot consent to sex.
Director of Prosecutions (DPP) Noordin Haji has warned prosecution counsels against the subversion of justice in defilement cases through plea bargains and diversion.
In a February 15, 2023 letter, Mr Haji stated that the Criminal Procedure Act prohibits plea bargaining as an alternative to prosecution of offences under the Sexual Offence Act, 2006, as well as genocide, war crimes and crimes against humanity.
Mr Haji said he was aware some prosecutors were negotiating and entering into plea bargain agreements and applying diversion in criminal cases under the Sexual Offences Act, terming such moves a grave miscarriage of justice.
“All prosecution counsels be informed to desist forthwith,” he said.
In addition, he ordered that all cases under the law in which plea bargaining and diversion applied as alternatives to prosecution should be succinctly reported in the quarterly reports.
Earlier, the Kilifi Children’s Department had raised concern about the move by the Office of the DPP to divert sexual offence matters. According to the department, some of the cases for diversion were defilement cases, despite the knowledge that a child cannot consent to sex.
Complaints
On February 17, 2023, the department wrote to the DPP about their dissatisfaction with their office to refer for diversion a case in which a suspect had been accused of defiling a 15-year-old girl.
“The child has been brought before this court as a child in need of care and protection after being severely defiled by the accused between April 2022 and February 2023,” the department said.
Parents reported the matter at the Kilifi Police Station vide OB 56/10/4/2022 and OB26/13/02/2023 for investigations.
The Department stated that the recent investigations found that the minor was at the accused person’s house, and they were apprehended.
The police opened a file for investigations and afterwards forwarded it to the ODPP for advice. The report stated that on January 13, 2023, the ODPP recommended the diversion to the Directorate of Children's Services for counselling and further advice.
The reasoning was that the accused and the minor were friends and closely aged.
