High Court judge John Onyiego has quashed a two-year sentence handed to former nominated Jubilee senator Joy Gwendo for stealing Sh1.7 million. But the former TNA nominated Senator is not free yet, she will have to wait for the alternative sentence on March 04, 2019.
Gwendo was sentenced to serve a two-year jail term after being found guilty of fraud and abuse of office. She had been charged with five counts including abuse of office, issuing bad cheques and stealing.
On Tuesday the judge said it was wrong for the trial magistrate to impose a jail term without the option of a fine. The Judge said Mr Ogoti was wrong by failing to state reasons for failing to give her the option of a fine. The court also considered the fact that a plea bargain, which she failed to partake, had no provision for compensation.
The charge sheet stated that on October 23 2016 at Chinga Parish in Kisumu East, Ms Gwendo used her position as a state officer to confer herself a benefit of Sh2,226,800, the property of Kisumu East Cotton Growers Cooperative Society through Kivuli Development Initiative.
She failed to honour the agreement and Mr Ogoti described her as a dishonest person. “..It is noteworthy that she executed a plea bargaining agreement yet she was sure that she could not honour the same. She was hoodwinking the court and therefore lied,” Mr Ogoti said.