Revision Application 19 OF 2018 - Joy Adhiambo Gwendo vs Chief Magistrates Court Anti-Corruption Division - Nairobi, DPP , EACC and KECCS

Summary: The appelant failed to honor her end of the plea bargain and as a result, the trial court sentenced the appelant to serve jail time in counts 3, 4 and 5. The applicant was aggrieved by this decision and moved to the high court via this application seeking a revision of those orders on grounds that 1)the admission in the plea agreement was conditional, and therefore it cannot amount to an unequivocal plea of guilty, 2) that the plea bargain did not specify consequences of non-compliance, and 3), that the sentence by the magistrate was excessive as per the maximums prescribed in law, and that the magistrate failed to consider the option of a fine as contemplated in the relevant provisions of the law. The applicant also brought with her a bankers cheque of Kes. 1,731,732 made in favour of the complainant. Court ruled that the intention of the bargain was to compensate the victim which vide the bankers cheque had been satisfied. The high court also ruled that the trial court erred in law in improperly imposing a term of imprisoment without the option of a fine, and contrary to the terms of the plea bargain that provides for impositon of a non-custodial sentence. The trial court orders on sentencing were set aside, with fresh sentencing orders set for 4/3/2019

Fist offence date: 23/Oct/2016
Start date: 11/Dec/2018
Ruling date: 01/Jan/1970
Defendant plea: Guilty
Amount involved: KES 1,731,732.00
Type of case: Abuse of office
Type of Charge:
Type of Judgement: Conviction
Fine amount: KES 0.00

Resolution comments: