Republic v Gwendo (Anti-Corruption Case 1 of 2018) [2018] KEMC 103 (KLR) (Anti-Corruption and Economic Crimes) (21 September 2018) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 103
- Citation
- [2018] KEMC 103 (KLR)
- Decided
- 21 September 2018
The accused is given the liberty to liquidate the terms of the plea agreement and is required to return to court with evidence of payment by December 7th. The accused is also required to deposit her passport in court and report to the OCS Anti-corruption Commission Headquarters Police Station every Friday.
Facts
The accused, Joy Adhiambo Gwendo, sought more time to pay two installments as part of a plea bargaining agreement with the DPP and the court. The state complained that the accused had changed the plea agreement without their consent, and that the accused had not paid the full amount as agreed.
Issues
- The accused's change of plea agreement
- The accused's failure to pay the full amount as agreed
Reasoning
The court is apprehensive about the accused's change of tactics and the failure to pay the full amount as agreed. The court is not a debt collection center and the suspension of payment confirmations is to avoid dogging the court.
Outcome
The accused is ordered to pay the remaining amount and comply with the court's conditions.
Orders
- The accused is given the liberty to liquidate the terms of the plea agreement
- The accused shall return to court on 7th December with evidence of payment
- The accused to deposit her passport in court within 3 days
- 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
- The Director of Immigration is directed to bar the accused from travelling without the jurisdiction of this court till further orders of the court
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