July 15, 2020

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Why Five Banks Linked To Second NYS Scandal Will Not Be Prosecuted.

DCI George Kinoti and DPP Noordin Haji

The commercial banks that were linked to the second corruption at the National Youth Services (NYA) will now not face prosecution after they agreed to settle charges against them outside court.

The five banks namely KCB Bank Kenya, Equity Bank, Co-operative, Standard Chartered Kenya and Diamond Trust Bank agreed with the office of the director of public prosecution to settle the matter outside court in a ‘deferred prosecution agreement’.

The commercial banks had been accused of violating anti-money laundering laws and will now be required to pay a total of 385 million shillings ($3.75 million) as alternative to court sentencing.

But what is differed prosecution. It is a prosecution is a type of plea bargain or an agreement made between the judge, attorneys and defendant that may mitigate the potential consequences of a conviction, by allowing the defendant to plead guilty in exchange for a lesser sentence.

A statement from the office of the director of public prosecution said the prosecution had considered the requests in line with the decision to prosecute and the need for the application of alternatives to prosecution and a decision to enter into Deferred Prosecution Agreements (DPAs) was accordingly reached.

In a press briefing in Nairobi, DPP Noordin Haji and DCI head George Kinoti dispelled as untrue claims that the two have had a fallout.

While acknowledging that there have been teething problems, Haji and Kinoti stated that they have been working together and that the fallout narrative was being pushed by corrupt cartel who don’t want corruption cases investigated and prosecuted.