The war on graft may have received a major set back after the High Court quashed a two-year jail term slapped on ex-Senator Joy Gwendo for Sh1.7 million fraud.
Though the politician is not entirely free,the court on Wednesday faulted denial of a fine and ordered that Gwendo be sentenced afresh.
Gwendo was jailed by Anti-Corruption Magistrate Douglas Ogoti last December but moved to the High Court and was released on Sh400,000 cash bail pending appeal.
In his finding, Justice John Onyiego said it was wrong for the trial court to impose a jail term without the option of a fine.
“The trial court erred by failing to state reasons for not giving the appellant the option of a fine. To that extent, I agree with the applicant that the court erred,” held the judge
Justice Onyiego indicated that the trial court erred in law in sentencing her to jail without the option of a fine
Onyiego said the High Court has powers to review the sentencing and, therefore, she will be sentenced afresh on Monday March 4, 2019.
Ogoti handed her the sentence after the ex-lawmaker failed to honour a plea bargain she entered with the state to pay a Kisumu sacco Sh1.7 million.
Gwendo had pleaded guilty to three counts of fraud following the plea bargain deal with the DPP.
In the deal, the former legislator agreed to pay the sacco the said cash, being the genesis of the case.