DIVERSION

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Office of the Director of Public Prosecution at Nairobi's Upper Hill. Photo: James Mabeya

A diversion is an alternative procedure in a criminal case where the prosecution is interrupted through a deal between the defendant and the prosecutor. A diversion is intended to resolve cases without the process of full judicial proceedings. Diversion is governed by Diversion policy and guidelines which details procedures for applying it in criminal cases.

Diversion operates when a person has committed an offense and there are reasons for that person to be given a second chance to avoid criminal conviction. It could take the form of an apology to the victim from the offender, or payment for damage caused.

Diversion can be applied by various persons including the offender, the vulnerable, a child offender through a representative. Diversion policy allows a victim of a crime, a police officer or judicial officer to request for diversion.

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