Republic v Gwendo [2018] KEMC 103 (KLR) | Plea Bargaining | Esheria

Republic v Gwendo [2018] KEMC 103 (KLR)

Full Case Text

Republic v Gwendo (Anti-Corruption Case 1 of 2018) [2018] KEMC 103 (KLR) (Anti-Corruption and Economic Crimes) (21 September 2018) (Ruling)

Neutral citation: [2018] KEMC 103 (KLR)

Republic of Kenya

In the Anti-Corruption Magistrate's Court

Anti-Corruption and Economic Crimes

Anti-Corruption Case 1 of 2018

DN Ogoti, CM

September 21, 2018

Between

Republic

Prosecutor

and

Joy Adhiambo Gwendo

Accused

Ruling

1. Evidently accused has revenged on her plea bargaining agreement. The DPP and the court have been very considerate. The accused had sought for more time to clear the two installments having paid only Kshs.100,000/= as part of two installments pending as today. The state is of the position that come 8. 10. 2018 the accused should have have paid amounts equaling to three [3] isntallments. It also complainted that the accused has been changing plea agreement without reverting to them to the prejudice of the complaints. Who were involved in the agreement and expect deposits in their accounts. The court is very apprehensive about the change of tactics by the accused. Hence I make the following orders.1. The accused is given the liberty to liquidate the terms of the plea agreement as allowed by the court on 6th August, 2018. The court is not a debt collection centre hence mention to confirm payment as per the dated indicated in the order of 6th August, 2018 are suspended.2. The accused shall return to court on 7th December as scheduled with evidence of payment. The suspension is to avoid dogging of the court that is now very busy.3. I am force to changed the bond terms given to accused. This had been influenced by her unpredictable behaviour.4. The accused to deposit her passport in court within 3 days5. The accused to be reporting to the OCS Anti-corruption Commission Headquarters Police Station every Friday starting with 28th September, 2018 till the amount is paid in full.6. The Director of Immigration is in the alternative directed to bar the accused from travelling without the jurisdiction of this court till further orders of the court.The orders to be extracted and served on the relevant bodies.

D.N. OGOTI [MR]CHIEF MAGISTRATE21. 9.2018