[2018] KEMC 103 (KLR)
The court found that the accused had not complied with the payment schedule under the plea agreement and had acted unpredictably by changing the terms without involving the prosecution or the complainants. The court emphasized that it is not a debt collection centre and suspended routine mentions for payment...
Source-derived case information.
- Citation
- [2018] KEMC 103 (KLR)
- Parties
- Applicant: Republic; Defendant: Joy Adhiambo Gwendo
- Court
- Magistrate's Court
- Court Station
- Anti-Corruption Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Anti-Corruption Case 1 of 2018
- Procedural Posture
- Anti Corruption Case / Ruling on Compliance With Plea Agreement and Bond Terms
- Outcome
- Bond terms varied; routine payment mentions suspended; accused to comply with new reporting and travel restrictions.
- Judges
- DN Ogoti
- Legal Topics
- Plea Bargaining, Bond Terms Variation, Anti Corruption Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Joy Adhiambo Gwendo
Defendant
Procedural Posture
Anti Corruption Case / Ruling on Compliance With Plea Agreement and Bond Terms
Legal Issues
- 1 Whether the accused has complied with the terms of the plea bargaining agreement.
- 2 Whether the bond terms should be varied due to the accused's conduct.
- 3 Whether the court should continue to supervise payment compliance.
Ratio Decidendi
The court found that the accused had not complied with the payment schedule under the plea agreement and had acted unpredictably by changing the terms without involving the prosecution or the complainants. The court emphasized that it is not a debt collection centre and suspended routine mentions for payment confirmation. Due to the accused's conduct, the court varied the bond terms, requiring the accused to deposit her passport, report weekly to the police, and restricted her travel. The court also directed that the accused return with evidence of payment at the next scheduled date. These measures were deemed necessary to ensure compliance and protect the interests of the complainants.
Court Disposition
Bond terms varied; routine payment mentions suspended; accused to comply with new reporting and travel restrictions.
Orders
- The accused is given liberty to liquidate the terms of the plea agreement as allowed by the court on 6th August, 2018.
- Mentions to confirm payment as per the order of 6th August, 2018 are suspended.
Full Case Text
Judgment text and source record
17 paragraphs
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