The High court in Nairobi on Wednesday gave former Senator Joy Gwendo a reprieve after her two-year jailed term was set aside.
In his ruling, Justice John Onyiego indicated that the trial court erred in law in sentencing her to jail without the option of a fine.
Justice Onyiego further added that the High Court has powers to review the sentencing and therefore she will be sentenced afresh on Monday March 4, 2019.
Gwendo was sentenced to a two-year jail term on December 7, 2018 after she was found guilty of abuse of office and fraud.
In the ruling, the court ordered that she be jailed without the option of a fine because of ‘hoodwinking the court.’
The court also found that the accused was dishonest.
On Counts 3 and 4 where she was charged with issuing a bad cheque; one amounting to Ksh.300,000 and another of Ksh.950,000, Gwendo was sentenced to six months in prison.
She was also denied the right of appeal with the court saying it had considered the mitigation.
“..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 to the court,” the judge ruled.
In her mitigation, Gwendo had told the court that she was remorseful and this was the reason why she opted to do the plea bargaining.
She added that she met her part of the bargain and showed willingness to meet the terms of the plea bargain.