Republic v Joy Adhiambo Gwendo [2018] KEMC 92 (KLR)

REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT

IN THE ANTI - CORRUPTION COURT AT NAIROBI

ANTI-CORRUPTION CASE NO.1 OF 2018

REPUBLIC ...........................................................PROSECUTOR

VERSUS

JOY ADHIAMBO GWENDO........................................ACCUSED

RULING

On 26th July, 2018 the court was moved to adopt and adopted the plea agreement between the state and the accuse.  Immediately thereafter counsel for accused made an application for deferment of plea to the 3 remaining counts to be done at the tail end of the last installment in order to give the accused a chance to clear the installements that in any case they expected sentence to follow.  The prosecution was of the opinion that taking plea was part of the plea agreement as much as compensation was no prejudice would be caused on accused in any case plea is taken.

I have considered arguments from both sides on either or not to defer plea pending the satisfaction of the plea agreement filed and adopted by the court on 26th July, 2018.  The plea agreement is not binding on the court.  However  once it has been adopted by the court it is binding on the parties.  I direct that plea be taken and sentence will be suspended to a date to be given at the end of today's proceedings.

D.N. OGOTI [MR]

CHIEF MAGISTRATE

6. 8.2018

REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT

IN THE ANTI - CORRUPTION COURT AT NAIROBI

ANTI-CORRUPTION CASE NO.1 OF 2018

REPUBLIC ...................................................................................PROSECUTOR

VERSUS

JOY ADHIAMBO GWENDO................................................................ACCUSED

RULING

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 days

5. 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 MAGISTRATE

21. 9.2018