By Salim Mutuma
Nominated Senator Farhiya Ali has drafted a bill that seeks to grant amnesty to graft suspects under deferred prosecution deal with the Office of the Director of Public Prosecutions that will only be effected by High Court approval.
This means suspects facing corruption cases could soon avoid being jailed if they admit the crime and surrender the ill-gotten wealth.
The Bill demands that the suspects besides surrendering illegally acquired assets, pay interest on stolen funds, compensate victims of their alleged crimes and agree to pay ODPP a financial penalty.
The ODPP will, before the start of criminal proceedings, invite the suspects for negotiations but should only take the option if convinced that public interest would be served by the agreement.
The agreement will contain among others charge or draft charge prepared by ODPP related to the crime, a statement of facts that may include suspects’ admissions and rights of both parties.
The amount of penalty agreed to between the suspect and the prosecution must be comparable to the fine that a court would have imposed on the suspect on conviction for the alleged crime.
