Former nominated Senator Joy Gwendo can heave a sigh of relief after the High Court on Monday reviewed the two-year jail term handed to her by Chief Magistrate Douglas Ogoti for stealing Sh1.7 million.
Judge John Onyiego, while delivering the ruling, ruled that the trial court erred in law by sentencing her to jail without the option of a fine.
The High Court also noted that the money Ms. Gwendo stole had been fully repaid.
Joy Gwendo will now have to part with Sh660,000 fine or spend a year in jail.
The former legislator had pleaded guilty to three counts of fraud after reaching a plea bargain deal with the DPP Noordin Haji.
In the agreement, the former nominated Senator was to pay Kisumu East Cotton Growers Cooperative Sh1.7 million – the amount of money she is alleged to have stolen from the Sacco.
She, however, failed to honour the plea deal and was consequently convicted by Magistrate Ogoti.
Gwendo had been charged with five counts, including abuse of office, issuing bad cheques and stealing, but the State dropped charges of stealing and issuing bad cheques.
