[2018] KEMC 92 (KLR)
The court found that while the plea agreement is binding on the parties once adopted, it does not bind the court, which retains discretion over the conduct of proceedings. The accused's failure to comply with the payment schedule and her unilateral changes to the agreement justified the court's apprehension and the...
Source-derived case information.
- Citation
- [2018] KEMC 92 (KLR)
- Parties
- Applicant: Republic; Defendant: Joy Adhiambo Gwendo
- Court
- Magistrate's Court
- Court Station
- Anti-Corruption Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- ? 1 of 2018
- Procedural Posture
- Criminal Law / Ruling on Plea Agreement Compliance and Bond Terms
- Outcome
- Bond terms varied; accused ordered to comply with plea agreement and additional restrictions imposed.
- Legal Topics
- Plea Bargaining, Bond Terms Variation, Sentence Suspension, Compensation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joy Adhiambo Gwendo
Defendant
Procedural Posture
Criminal Law / Ruling on Plea Agreement Compliance and Bond Terms
Legal Issues
- 1 Whether the plea on the remaining counts should be deferred pending satisfaction of the plea agreement.
- 2 Whether the accused's conduct warranted variation of bond terms and additional restrictions.
- 3 Whether the court should continue monitoring installment payments under the plea agreement.
Ratio Decidendi
The court found that while the plea agreement is binding on the parties once adopted, it does not bind the court, which retains discretion over the conduct of proceedings. The accused's failure to comply with the payment schedule and her unilateral changes to the agreement justified the court's apprehension and the imposition of stricter bond terms. The court suspended routine mentions for payment confirmation, emphasizing that its role is not to act as a debt collector. Instead, the accused was ordered to provide evidence of payment at the next scheduled court date. Additional restrictions, including surrender of passport and regular reporting to police, were imposed to ensure compliance...
Court Disposition
Bond terms varied; accused ordered to comply with plea agreement and additional restrictions imposed.
Orders
- Accused given liberty to liquidate terms of plea agreement as previously allowed.
- Mentions to confirm payment suspended; accused to return to court on 7th December with evidence of payment.
Full Case Text
Judgment text and source record
31 paragraphs
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