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
First offence date: 23/Oct/2016
Start date: 11/Dec/2018
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 1,731,732.00
Type of case: Abuse of Office, Stealing
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Stealing contrary to Section 268(1)(2) as read with Section 275 of the Penal Code
Not guilty
0.00
Case withdrawn
Count 2 - Forgery contrary to Section 350 of the Penal Code
Not guilty
0.00
Case withdrawn
Count 3 - Issuing a bad cheque contrary to Section 316A (1)(a)(4) of the Penal Code
Guilty
0.00
Application allowed
Count 4 - Issuing a bad cheque contrary to Section 316A (1)(a)(4) of the Penal Code
Guilty
0.00
Application allowed
Count 5 - Abuse of office contrary to Section 46 as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Guilty
0.00
Application allowed