CHANGE OF PLEA

In criminal procedure, the process of plea bargaining and subsequent change of

plea hold a significant sway over the trajectory of legal proceedings. The change of
plea serves as as a pivotal juncture where defendants may opt to alter their initial
plea of guilty or not guilty. This procedural step holds profound implications, not
just for individuals involved but also for the broader administration of justice.
For a long time, it was the practice of trial courts not to allow a change of plea of
guilty to one of a plea of not guilty before an accused was sentenced. This was
because after convicting the accused person on his own plea of guilty the court was
thought to have become functus officio and was only obliged to proceed to
sentence.
However, this practice was overruled by the court of appeal for East Africa in
Kamundi v R [1973]EA 5401, where it was clearly stated that there are no
provisions for a plea to be changed, but there are equally no provisions to prevent a
plea being changed before the court becomes functus officio.The whole purpose
and intention of the criminal procedure code is to lay down provisions and
procedure to see that justice is done and justice cannot be affected if a plea of
guilty is entered a a result of ignorance or misunderstanding.
The court must have judicial discretion to allow a change of plea before it has
finally disposed of the case. It is common practice to allow the accused during the
course of trial to change plea to one of guilty and there is no reason why the court
should not have similar powers to change a plea of guilty.2
The court also followed the decision of the English house of lords in S. (an infant)
Manchester city recorder3 in which it was unanimously held that a court was not

1 KAMUNDI V R (1973) EA 540.

2 Change of Plea in Kenyan Criminal Trials: A Legal Perspective – Sheria Online Resource Center
3 "S" (an infant) v. The Recorder of Manchester (1971) A.C. 481,
functus officio until sentence had been given and up to that stage a trial court has
discretion to allow the change of plea.
Therefore, if one pleads guilty and on a subsequent occasion reconsiders his plea
and wants to change to that of not guilty. The magistrate may allow him to do so
since a magistrate has discretion to allow provided that such change of plea is
sought to be made at any stage of trial before sentence is passed or before a final
order disposing of the case is made.
Several factors may necessitate change of plea and may include, an accused person
may have misunderstood the proceedings following translation from English to
vernacular language where the accused doesn’t understand .an accused person may
also be ignorant of court procedures.
Conclusively, the ability for an accused person to change their plea during a
criminal trial is a fundamental aspect of the Kenyan legal system that upholds the
principles of justice and fairness. It provides individuals with the flexibility to
reconsider their initial plea and ensures that they are not unduly coerced or
pressured into maintaining a plea that they later believe to be inaccurate. The legal
framework and procedures for changing a plea in Kenyan criminal trials aim to
protect the rights and interests of the accused, ultimately contributing to a fair and
just legal process.4

4 Essentials Of Criminal Justice [PDF] [116toa995pi0] (vdoc.pub)

BIBLIOGRAPHY

STATUTES
Kenya law. (2012) criminal procedure code chapter 75; section 354
Microsoft Word - Paged Criminal Procedure Code _Cap. 75_.doc (kenyalaw.org)

CASES
Kamundi v R [1973] EA 540

S. (an infant) Manchester city recorder

"S" (an infant) v. The Recorder of Manchester (1971) A.C. 481,

Websites
Change of Plea in Kenyan Criminal Trials: A Legal Perspective – Sheria Online Resource Center,
Change of Plea in Criminal Proceedings in Kenya, Nairobi Law Monthly, 4 Nairobi Law
Monthly at 4-17 (uonbi.ac.ke)
Changing Plea and Appeals following a Guilty Plea — Defence-Barrister.co.uk

BOOKS
Essentials of criminal justice(11th Edition)
https://vdoc.pub/documents/essentials-of-criminal-justice-116toa995pi0